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EIGHTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, April 10, 1997
The Senate was called to order at 9:00 a.m. by President Pro Tempore Newhouse. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Benton, Brown, Finkbeiner, Patterson, Rasmussen and Strannigan. On motion of Senator Hale, Senators Benton, Finkbeiner and Strannigan were excused. On motion of Senator Franklin, Senators Brown, Patterson and Rasmussen were excused.
The Sergeant at Arms Color Guard, consisting of Pages Tanya Wilcox and Amber Smith, presented the Colors. Jim Cammack of the Baha'i Community of Olympia, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE HOUSE
April 8, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2258, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 6096 by Senator West
AN ACT Relating to state government.
Referred to Committee on Ways and Means.
SB 6097 by Senator West
AN ACT Relating to state government.
Referred to Committee on Ways and Means.
SB 6098 by Senator West
AN ACT Relating to human services.
Referred to Committee on Ways and Means.
SB 6099 by Senator West
AN ACT Relating to human services.
Referred to Committee on Ways and Means.
SB 6100 by Senator West
AN ACT Relating to natural resources.
Referred to Committee on Ways and Means.
SB 6101 by Senator West
AN ACT Relating to natural resources.
Referred to Committee on Ways and Means.
SB 6102 by Senator West
AN ACT Relating to education.
Referred to Committee on Ways and Means.
SB 6103 by Senator West
AN ACT Relating to education.
Referred to Committee on Ways and Means.
SB 6104 by Senator West
AN ACT Relating to higher education.
Referred to Committee on Ways and Means.
SB 6105 by Senator West
AN ACT Relating to higher education.
Referred to Committee on Ways and Means.
SB 6106 by Senator West
AN ACT Relating to revenue.
Referred to Committee on Ways and Means.
SB 6107 by Senator West
AN ACT Relating to revenue.
Referred to Committee on Ways and Means.
SB 6108 by Senator West
AN ACT Relating to fiscal matters.
Referred to Committee on Ways and Means.
SB 6109 by Senator West
AN ACT Relating to fiscal matters.
Referred to Committee on Ways and Means.
INTRODUCTION AND FIRST READING OF HOUSE BILL
ESHB 2258 by House Committee on Appropriations (originally sponsored by Representatives Huff and H. Sommers) (by request of Governor Locke)
Making appropriations for the fiscal biennium ending June 30, 1997.
Referred to Committee on Ways and Means.
SECOND READING
GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9166, Ronald W. Johnson, as a member of the Board of Trustees for Peninsula Community College District No. 1, was confirmed.
APPOINTMENT OF RONALD W. JOHNSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, Bauer, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43. Excused: Senators Benton, Brown, Finkbeiner, Patterson, Rasmussen and Strannigan - 6.
MOTION
On motion of Senator Sheldon, Gubernatorial Appointment No. 9192, Naomi K. Pursel, as a member of the Board of Trustees for Olympic Community College District No. 3, was confirmed.
APPOINTMENT OF NAOMI K. PURSEL
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Excused: Senators Benton, Finkbeiner, Patterson, Rasmussen and Strannigan - 5.
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9141, Paul D. Burton, as a member of the Board of Trustees for Shoreline Community College District No. 7, was confirmed.
APPOINTMENT OF PAUL D. BURTON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators Benton, Finkbeiner, Patterson and Rasmussen - 4.
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9151, John M. Emerson, as a member of the Board of Trustees for Highline Community College District No. 9, was confirmed.
APPOINTMENT OF JOHN M. EMERSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators Benton, Finkbeiner, Patterson and Rasmussen - 4.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
SECOND READING
HOUSE BILL NO. 1119, by Representatives Schoesler, Sheldon, Buck, Hatfield, Johnson, Kessler and Boldt
Extending the expiration date of an act requiring the purchaser of privately owned timber to report to the department of revenue.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, House Bill No. 1119 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1119.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1119 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Excused: Senators Benton, Finkbeiner, Loveland, Patterson and Rasmussen - 5. HOUSE BILL NO. 1119, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
Vice President Pro Tempore Morton assumed the Chair.
MOTION
On motion of Senator Franklin, Senator Haugen was excused.
SECOND READING
HOUSE BILL NO. 1198, by Representatives Mitchell, Fisher, Robertson, Johnson, Costa and L. Thomas
Regulating motor vehicle dealer practices.
The bill was read the second time.
MOTION
On motion of Senator Prince, the rules were suspended, House Bill No. 1198 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1198.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1198 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Benton, Haugen and Rasmussen - 3. HOUSE BILL NO. 1198, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1069, by House Committee on Law and Justice (originally sponsored by Representatives Sterk and Honeyford)
Prohibiting the malicious use of explosives.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1069 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1069.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1069 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Finkbeiner - 1. Excused: Senators Benton and Haugen - 2. SUBSTITUTE HOUSE BILL NO. 1069, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1096, by Representatives Sheahan, Costa, Lambert, Scott and Hatfield
Concerning the payment and recovery of fees.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Engrossed House Bill No. 1096 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1096.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1096 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Kline - 1. Excused: Senators Benton and Haugen - 2. ENGROSSED HOUSE BILL NO. 1096, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1099, by Representatives Cooke, Ogden, Sehlin, Carlson, Wolfe, H. Sommers, Dyer, Cairnes, Murray and Mason (by request of Joint Committee on Pension Policy)
Transferring law enforcement officers' and fire fighters' retirement system plan I service.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, House Bill No. 1099 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1099.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1099 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Snyder - 1. Excused: Senator Benton - 1. HOUSE BILL NO. 1099, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1196, by Representatives McDonald, Costa, Sheahan, Sterk and Skinner (by request of Secretary of State Munro)
Regulating registration of charitable trusts.
The bill was read the second time.
MOTION
On motion of Senator Strannigan, further consideration of House Bill No. 1196 was deferred.
MOTION
On motion of Senator Hale, Senator Johnson was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1219, by House Committee on Finance (originally sponsored by Representatives Pennington, Appelwick, B. Thomas, H. Sommers, Mulliken, Carrell, Morris, Mielke, Backlund, O'Brien, Zellinsky, Thompson, Kastama and Mason)
Extending a tax exemption for prepayments for health care services provided under Title XVIII (medicare) of the social security act.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Substitute House Bill No. 1219 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1219.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1219 and the bill passed the Senate by the following vote:
Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Benton and Johnson - 2. SUBSTITUTE HOUSE BILL NO. 1219, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of House Bill No. 1196, deferred earlier today after the bill had been read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, House Bill No. 1196 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1196.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1196 and the bill passed the Senate by the following vote:
Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Benton and Johnson - 2. HOUSE BILL NO. 1196, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1232, by Representatives Sump, Sheldon, Wood, Morris, Quall, K. Schmidt, Honeyford, Talcott, Hickel, Delvin, McMorris, Wensman and Doumit
Changing the SR 2 spur to SR 41.
The bill was read the second time.
MOTION
On motion of Senator Prince, the rules were suspended, House Bill No. 1232 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1232.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1232 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. HOUSE BILL NO. 1232, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1314, by House Committee on Law and Justice (originally sponsored by Representatives Bush, Cooper, Carrell, Wood, Smith, Lambert, McDonald, Benson, Mielke, Cole, Talcott, Romero, Mastin, Scott, Sheahan, Lantz, L. Thomas, D. Schmidt, Cooke, Sherstad, Wensman and Dunn)
Computing the time within which an act is to be done.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1314 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1314.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1314 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. SUBSTITUTE HOUSE BILL NO. 1314, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1323, by House Committee on Government Reform and Land Use (originally sponsored by Representatives D. Schmidt, Scott, Wensman, Morris, Costa and Dunn) (by request of Department of Revenue)
Allowing electronic distribution of notices relating to rule making or policy or interpretive statements.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 1323 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1323.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1323 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. SUBSTITUTE HOUSE BILL NO. 1323, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1341, by Representatives Thompson, Dunshee, B. Thomas and Wensman (by request of Department of Revenue)
Making technical corrections for tax provisions.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, House Bill No. 1341 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1341.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1341 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. HOUSE BILL NO. 1341, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1342, by House Committee on Finance (originally sponsored by Representatives B. Thomas, Dunshee and Wensman) (by request of Department of Revenue)
Revising interest and penalty administration of the department of revenue.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Substitute House Bill No. 1342 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1342.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1342 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senators Hochstatter and Sellar - 2. Excused: Senator Benton - 1. SUBSTITUTE HOUSE BILL NO. 1342, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1358, by House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala, Sump, Schoesler, Johnson, Linville, Sheldon, Wensman and Kessler) (by request of Department of Revenue)
Excluding materials purchased by farmers to improve wildlife habitat or forage from the definition of "sale at retail" or "retail sale" for tax purposes.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1358 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1358.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1358 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. SUBSTITUTE HOUSE BILL NO. 1358, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1364, by House Committee on Commerce and Labor (originally sponsored by Representatives K. Schmidt, Delvin, Mitchell and Wensman) (by request of Gambling Commission)
Updating provisions about the seizure and forfeiture of gambling-related property.
The bill was read the second time.
MOTION
On motion of Senator Schow, the rules were suspended, Substitute House Bill No. 1364 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1364.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1364 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Voting nay: Senator Hargrove - 1. Excused: Senator Benton - 1. SUBSTITUTE HOUSE BILL NO. 1364, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGES FROM THE HOUSE
April 9, 1997
MR. .PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 5060,
SUBSTITUTE SENATE BILL NO. 5112,
SUBSTITUTE SENATE BILL NO. 5118,
SENATE BILL NO. 5140,
SENATE BILL NO. 5155,
SUBSTITUTE SENATE BILL NO. 5191,
SENATE JOINT MEMORIAL NO. 8009, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 9, 1997
MR. .PRESIDENT:
The House has passed:
ENGROSSED SENATE BILL NO. 5220,
SENATE BILL NO. 5221,
SENATE BILL NO. 5243,
SUBSTITUTE SENATE BILL NO. 5360,
SENATE BILL NO. 5380,
SENATE BILL NO. 5422, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5060,
SUBSTITUTE SENATE BILL NO. 5112,
SUBSTITUTE SENATE BILL NO. 5118,
SENATE BILL NO. 5140,
SENATE BILL NO. 5155,
SUBSTITUTE SENATE BILL NO. 5191,
ENGROSSED SENATE BILL NO. 5220,
SENATE BILL NO. 5221,
SENATE BILL NO. 5243,
SUBSTITUTE SENATE BILL NO. 5360,
SENATE BILL NO. 5380,
SENATE BILL NO. 5422,
SENATE JOINT MEMORIAL NO. 8009.
MOTION
On motion of Senator Johnson, the Senate advanced to the sixth order of business.
SECOND READING
SENATE JOINT MEMORIAL NO. 8014, by Senators Patterson, Oke, Swecker, Roach, Heavey, McDonald, Swanson and Brown
Requesting that the cause of Gulf War syndrome be fully and expeditiously investigated.
The joint memorial was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, Senate Joint Memorial No. 8014 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8014.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8014 and the joint memorial passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senators Deccio, Finkbeiner and Hargrove - 3. Excused: Senator Benton - 1. SENATE JOINT MEMORIAL NO. 8014, having received the constitutional majority, was declared passed.
SECOND READING
HOUSE BILL NO. 1367, by Representatives Johnson, Cole, Smith, Schoesler, Poulsen, O'Brien, Linville, Costa, Blalock, Cooper, Dickerson, Dunshee, Mason, Keiser, Wensman, Wood, Kessler and Gombosky (by request of Superintendent of Public Instruction Berguson)
Allowing surplus educational property to be given or loaned to entities for educational use.
The bill was read the second time.
MOTIONS
On motion of Senator Hochstatter, the following Committee on Education amendment was adopted:Strike everything after the enacting clause and insert the following:"Sec. 1. RCW 28A.335.180 and 1991 c 116 s 1 are each amended to read as follows: (1) Notwithstanding any other provision of law, school districts, educational service districts, or any other state or local governmental agency concerned with education, when declaring texts and other books, equipment, materials or relocatable facilities as surplus, shall, prior to other disposal thereof, serve notice in writing in a newspaper of general circulation in the school district and to any public school district or private school in Washington state annually requesting such a notice, that the same is available for sale, rent, or lease to public school districts or approved private schools, at depreciated cost or fair market value, whichever is greater: PROVIDED, That students wishing to purchase texts pursuant to RCW 28A.320.230(2) shall have priority as to such texts. Such districts or agencies shall not otherwise sell, rent or lease such surplus property to any person, firm, organization, or nongovernmental agency for at least thirty days following publication of notice in a newspaper of general circulation in the school district. (2) In lieu of complying with subsection (1) of this section, school districts and educational service districts may elect to grant surplus personal property to a federal, state, or local governmental entity, or to indigent persons, at no cost on the condition the property be used for preschool through twelfth grade educational purposes, or elect to loan surplus personal property to a nonreligious, nonsectarian private entity on the condition the property be used for the preschool through twelfth grade education of members of the public on a nondiscriminatory basis. Sec. 2. RCW 43.19.1919 and 1991 c 216 s 2 are each amended to read as follows: Except as provided in section 1 of this act and RCW 43.19.1920, the division of purchasing shall sell or exchange personal property belonging to the state for which the agency, office, department, or educational institution having custody thereof has no further use, at public or private sale, and cause the moneys realized from the sale of any such property to be paid into the fund from which such property was purchased or, if such fund no longer exists, into the state general fund: PROVIDED, Sales of capital assets may be made by the division of purchasing and a credit established in central stores for future purchases of capital items as provided for in RCW 43.19.190 through 43.19.1939, as now or hereafter amended: PROVIDED FURTHER, That personal property, excess to a state agency, including educational institutions, shall not be sold or disposed of prior to reasonable efforts by the division of purchasing to determine if other state agencies have a requirement for such personal property. Such determination shall follow sufficient notice to all state agencies to allow adequate time for them to make their needs known. Surplus items may be disposed of without prior notification to state agencies if it is determined by the director of general administration to be in the best interest of the state. The division of purchasing shall maintain a record of disposed surplus property, including date and method of disposal, identity of any recipient, and approximate value of the property: PROVIDED, FURTHER, That this section shall not apply to personal property acquired by a state organization under federal grants and contracts if in conflict with special title provisions contained in such grants or contracts. This section does not apply to property under RCW 27.53.045." On motion of Senator Hochstatter, the following title amendment was adopted:
On page 1, line 1 of the title, after "property;" strike the remainder of the title and insert "and amending RCW 28A.335.180 and 43.19.1919."
MOTION
On motion of Senator Hochstatter, the rules were suspended, House Bill No. 1367, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1367, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1367, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator McDonald - 1. Excused: Senator Benton - 1. HOUSE BILL NO. 1367, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1424, by Representatives Skinner and Murray
Revising provisions for kidney dialysis centers.
The bill was read the second time.
MOTION
On motion of Senator Deccio, the rules were suspended, House Bill No. 1424 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1424.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1424 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Wojahn, Wood and Zarelli - 46. Absent: Senators Patterson and Winsley - 2. Excused: Senator Benton - 1. HOUSE BILL NO. 1424 having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1392, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Ballasiotes, Costa, Radcliff, O'Brien, Kessler, Blalock, Cody, Murray, Cole, Morris, Tokuda, Conway, Skinner, Johnson, Linville, Scott, Keiser, Cooper, Gombosky, Ogden and Anderson)
Enhancing crime victims' compensation.
The bill was read the second time.
MOTIONS
On motion of Senator West, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 7.68.140 and 1975 1st ex.s. c 176 s 6 are each amended to read as follows: Information contained in the claim files and records of victims, under the provisions of this chapter, shall be deemed confidential and shall not be open to public inspection: PROVIDED, That, except as limited by state or federal statutes or regulations, such information may be provided to public employees in the performance of their official duties: PROVIDED FURTHER, That except as otherwise limited by state or federal statutes or regulations a claimant or a representative of a claimant, be it an individual or an organization, may review a claim file or receive specific information therefrom upon the presentation of the signed authorization of the claimant: PROVIDED FURTHER, That physicians treating or examining victims claiming benefits under this chapter or physicians giving medical advice to the department regarding any claim may, at the discretion of the department and as not otherwise limited by state or federal statutes or regulations, inspect the claim files and records of such victims, and other persons may, when rendering assistance to the department at any stage of the proceedings on any matter pertaining to the administration of this chapter, inspect the claim files and records of such victims at the discretion of the department and as not otherwise limited by state or federal statutes or regulations. Sec. 2. RCW 42.17.310 and 1996 c 305 s 2, 1996 c 253 s 302, 1996 c 191 s 88, and 1996 c 80 s 1 are each reenacted and amended to read as follows: (1) The following are exempt from public inspection and copying: (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients. (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy. (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer. (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy. (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath. (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination. (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss. (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action. (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts. (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites. (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user. (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070. (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter. (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035. (p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW. (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095. (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency. (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department. (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant. (u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers. (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers. (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9). (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090. (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420. (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW. (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information. (bb) Financial and valuable trade information under RCW 51.36.120. (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030. (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed. (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment. (ff) Business related information protected from public inspection and copying under RCW 15.86.110. (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW. (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents. (ii) Personal information in files maintained in a data base created under RCW 43.07.360. (jj) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110. (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons. (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function. (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld." On motion of Senator West, the following title amendment was adopted:
On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 7.68.140; and reenacting and amending RCW 42.17.310."
MOTION
On motion of Senator West, the rules were suspended, Second Substitute House Bill No. 1392, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Franklin, Senator Goings was excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1392, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1392, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator McDonald - 1. Excused: Senators Benton and Goings - 2. SECOND SUBSTITUTE HOUSE BILL NO. 1392, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hale, Senator West was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1402, by House Committee on Transportation Policy and budget (originally sponsored by Representatives Ogden, Carlson, Fisher, Blalock, O'Brien and Doumit)
Allowing a county, city, or town to create an assessment reimbursement area on its own initiative to finance the cost of road and street improvements.
The bill was read the second time.
MOTION
On motion of Senator Prince, the rules were suspended, Substitute House Bill No. 1402 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1402.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1402 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Benton and West - 2. SUBSTITUTE HOUSE BILL NO. 1402, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1425, by House Committee on Capital Budget (originally sponsored by Representatives Romero, D. Schmidt, Scott and Chopp)
Adopting the recommendations of the alternative public works methods oversight committee.
The bill was read the second time.
MOTIONS
On motion of Senator McCaslin, the following Committee on Government Operations amendment was adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 39.10.020 and 1994 c 132 s 2 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Alternative public works contracting procedure" means the design-build and the general contractor/construction manager contracting procedures authorized in RCW 39.10.050 and 39.10.060, respectively. (2) "Public body" means the state department of general administration; the University of Washington; Washington State University; every city with a population greater than one hundred fifty thousand; every city authorized to use the design-build procedure for a water system demonstration project under section 5(3) of this act; every county with a population greater than four hundred fifty thousand; and every port district with a population greater than five hundred thousand. (3) "Public works project" means any work for a public body within the definition of the term public work in RCW 39.04.010. Sec. 2. RCW 39.10.030 and 1994 c 132 s 3 are each amended to read as follows: (1) An alternative public works contracting procedure authorized under this chapter may be used for a specific public works project only after a public body determines that use of the alternative procedure will serve the public interest by providing a substantial fiscal benefit, or that use of the traditional method of awarding contracts in lump sum to the low responsive bidder is not practical for meeting desired quality standards or delivery schedules. (2) Whenever a public body determines to use one of the alternative public works contracting procedures authorized under this chapter for a public works project, it shall first ensure adequate public notification and opportunity for public review and comment ((as follows:)) by implementing the public hearing procedure under (a) of this subsection or the written public comment procedure under (b) of this subsection. (a) Public hearing procedure: (i) The public body shall conduct a public hearing to receive public comment on its preliminary determination to use the alternative public works contracting procedure. At least twenty days before the public hearing, the public body shall cause notice of such hearing to be published at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done. The notice shall clearly describe the proposed project and the preliminary determination to use the alternative public works contracting procedure. The notice shall also indicate when, where, and how persons may present their comments on the preliminary determination, and where persons may obtain additional written information describing the project. (((b))) (ii) The public body shall summarize in a written statement its reasons for using the alternative public works contracting procedure. This statement, along with other relevant information describing the project, shall be made available upon request to interested parties at least twenty days before the public hearing. (((c))) (iii) The public body shall receive and record both written and oral comments concerning the preliminary determination at the public hearing. (b) Written public comment procedure: (i) The public body shall establish a thirty-day public comment period to receive public comment on its preliminary determination to use the alternative public works contracting procedure. At least seven days before the beginning of the public comment period, the public body shall cause notice of the public comment period to be published at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done. The notice shall clearly describe the proposed project and the preliminary determination to use the alternative public works contracting procedure. The notice shall also indicate when, where, and how persons may submit their written comments on the preliminary determination, where persons may obtain additional written information describing the project, and the date, time, and location of the public hearing that shall be conducted under (b)(iv) of this subsection if significant adverse written comments are received by the public body. (ii) The public body shall summarize in a written statement its reasons for using the alternative public works contracting procedure. This statement, along with other relevant information describing the project, shall be made available upon request to interested parties at least seven days before the beginning of the public comment period. (iii) The public body shall receive written comments concerning the preliminary determination during the public comment period. (iv) If the public body finds that it has received significant adverse comments relating to the use of the alternative public works contracting procedure, the public body shall conduct a public hearing to receive additional oral and written public comments on its preliminary determination to use the alternative public works contracting procedure. The public hearing shall be held on the date and at the time and location specified in the public notice published under (b)(i) of this subsection. At least seven days before the public hearing, the public body shall provide notice of the hearing to each person who has submitted written comments, and cause a notice of the hearing to be published at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done. (v) The public body shall receive and record written and oral comments concerning the preliminary determination at the public hearing. (3) Final determinations to use an alternative public works contracting procedure may be made only by the legislative or governing authority of the public body, or, in the case of state agencies, by the agency director or chief administrative officer. Final determinations shall be accompanied by a concise statement of the principal reasons for overruling any considerations urged against the determination. Final determinations are subject to appeal to superior court within thirty days of the determination, provided that notice of such appeal shall be provided to the public body within seven days of the determination. The court may award reasonable attorneys' fees to the prevailing party. (4) Following completion of a public works project using one of the alternative public works contracting procedures under this chapter, a report shall be submitted to the legislative or governing authority of the public body reviewing the utilization and performance of the alternative public works contracting procedure. Such report shall be made available to the public. Sec. 3. RCW 39.10.050 and 1994 c 132 s 5 are each amended to read as follows: (1) Notwithstanding any other provision of law, and after complying with RCW 39.10.030, the following public bodies may utilize the design-build procedure of public works contracting for public works projects authorized under this section: The state department of general administration; the University of Washington; Washington State University; every city with a population greater than one hundred fifty thousand; ((and)) every county with a population greater than four hundred fifty thousand; and every port district with a population greater than five hundred thousand. The authority granted to port districts in this section is in addition to and does not affect existing contracting authority under RCW 53.08.120 and 53.08.130. For the purposes of this section, "design-build procedure" means a contract between a public body and another party in which the party agrees to both design and build the ((structure,)) facility, portion of the facility, or other item specified in the contract. (2) Public bodies authorized under this section may utilize the design-build procedure for public works projects valued over ten million dollars where: (a) The construction activities or technologies to be used are highly specialized and a design-build approach is critical in developing the construction methodology or implementing the proposed technology; (b) The project design is repetitive in nature and is an incidental part of the installation or construction; or (c) ((The program elements of the project design are simple and do not involve complex functional interrelationships)) Regular interaction with and feedback from facilities users and operators during design is not critical to an effective facility design. (3) ((The state department of general administration may use the design-build procedure authorized in subsection (2)(c) of this section for one project)) Public bodies authorized under this section may also use the design-build procedure for the following projects that meet the criteria in subsection (2)(b) and (c) of this section: (a) The construction or erection of preengineered metal buildings or prefabricated modular buildings, regardless of cost; or (b) The construction of new student housing projects valued over five million dollars. (4) Contracts for design-build services shall be awarded through a competitive process utilizing public solicitation of proposals for design-build services. The public body shall publish at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done, a notice of its request for proposals for design-build services and the availability and location of the request for proposal documents. The request for proposal documents shall include: (a) A detailed description of the project including programmatic, performance, and technical requirements and specifications, functional and operational elements, ((and)) minimum and maximum net and gross areas of any building, and, at the discretion of the public body, preliminary engineering and architectural drawings; (b) The reasons for using the design-build procedure; (c) A description of the qualifications((, if any,)) to be required of the proposer including, but not limited to, submission of the proposer's accident prevention program; (d) A description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors. Evaluation factors shall include, but not be limited to: Proposal price; ability of professional personnel; past performance on similar projects; ability to meet time and budget requirements; ability to provide a performance and payment bond for the project; recent, current, and projected work loads of the firm; location; and the concept of the proposal; (e) The form of the contract to be awarded; (f) The maximum allowable construction cost and minority and women enterprise total project goals; (g) The amount to be paid to finalists submitting best and final proposals who are not awarded a design-build contract; and (h) Other information relevant to the project. (5) The public body shall establish a committee to evaluate the proposals based on the factors, weighting, and process identified in the request for proposals. Based on its evaluation, the public body shall select not fewer than three nor more than five finalists to submit best and final proposals. The public body may, in its sole discretion, reject all proposals. Design-build contracts shall be awarded using the procedures in (a) or (b) of this subsection. (a) Best and final proposals shall be evaluated and scored based on the factors, weighting, and process identified in the initial request for proposals. The public body may score the proposals using a system that measures the quality and technical merits of the proposal on a unit price basis. Final proposals may not be considered if the proposal cost is greater than the maximum allowable construction cost identified in the initial request for proposals. (((6))) The public body shall initiate negotiations with the firm submitting the highest scored best and final proposal. If the public body is unable to execute a contract with ((that)) the firm submitting the highest scored best and final proposal, negotiations with that firm may be suspended or terminated and the public body may proceed to negotiate with the next highest scored firm. Public bodies shall continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated. ((The public body may, in its sole discretion, reject all proposals.)) (b) If the public body determines that all finalists are capable of producing plans and specifications that adequately meet project requirements, the public body may award the contract to the firm that submits the responsive best and final proposal with the lowest price. (6) The ((finalist)) firm awarded the contract shall provide a performance and payment bond for the contracted amount. The public body shall provide appropriate honorarium payments to finalists submitting best and final proposals who are not awarded a design-build contract. Honorarium payments shall be sufficient to generate meaningful competition among potential proposers on design-build projects. Sec. 4. RCW 39.10.060 and 1996 c 18 s 6 are each amended to read as follows: (1) Notwithstanding any other provision of law, and after complying with RCW 39.10.030, the following public bodies may utilize the general contractor/construction manager procedure of public works contracting for public works projects authorized under subsection (2) of this section: The state department of general administration; the University of Washington; Washington State University; every city with a population greater than one hundred fifty thousand; every county with a population greater than four hundred fifty thousand; and every port district with a population greater than five hundred thousand. For the purposes of this section, "general contractor/construction manager" means a firm with which a public body has selected and negotiated a maximum allowable construction cost to be guaranteed by the firm, after competitive selection through formal advertisement and competitive bids, to provide services during the design phase that may include life-cycle cost design considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work, and to act as the construction manager and general contractor during the construction phase. (2) Public bodies authorized under this section may utilize the general contractor/construction manager procedure for public works projects valued over ten million dollars where: (a) Implementation of the project involves complex scheduling requirements; (b) The project involves construction at an existing facility which must continue to operate during construction; or (c) The involvement of the general contractor/construction manager during the design stage is critical to the success of the project. (3) Public bodies should select general contractor/construction managers early in the life of public works projects, and in most situations no later than the completion of schematic design. (4) Contracts for the services of a general contractor/construction manager under this section shall be awarded through a competitive process requiring the public solicitation of proposals for general contractor/construction manager services. ((Minority and women business enterprise total project goals shall be specified in)) The public solicitation of proposals shall include: A description of the project, including programmatic, performance, and technical requirements and specifications when available; the reasons for using the general contractor/construction manager procedure; a description of the qualifications to be required of the proposer, including submission of the proposer's accident prevention program; a description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors; the form of the contract to be awarded; the estimated maximum allowable construction cost; minority and women business enterprise total project goals, where applicable; and the bid instructions to be used by the general contractor/construction manager finalists. ((A public body is authorized to include an incentive clause in any contract awarded under this section for savings of either time or cost or both from that originally negotiated. No incentives granted shall exceed five percent of the maximum allowable construction cost.)) Evaluation factors shall include, but not be limited to: Ability of professional personnel, past performance in negotiated and complex projects, and ability to meet time and budget requirements; location; recent, current, and projected work loads of the firm; and the concept of their proposal. A public body shall establish a committee to evaluate the proposals ((considering such factors as: Ability of professional personnel; past performance in negotiated and complex projects; ability to meet time and budget requirements; location; recent, current, and projected work loads of the firm; and the concept of their proposal)). After the committee has selected the most qualified finalists, these finalists shall submit final proposals, including sealed bids for the percent fee, which is the percentage amount to be earned by the general contractor/construction manager as overhead and profit, on the estimated maximum allowable construction cost and the fixed amount for the detailed specified general conditions work. The public body shall select the firm submitting the highest scored final proposal using the evaluation factors and the relative weight of factors published in the public solicitation of proposals. (5) The maximum allowable construction cost may be negotiated between the public body and the selected firm after the scope of the project is adequately determined to establish a guaranteed contract cost for which the general contractor/construction manager will provide a performance and payment bond. The guaranteed contract cost includes the fixed amount for the detailed specified general conditions work, the negotiated maximum allowable construction cost, the percent fee on the negotiated maximum allowable construction cost, and sales tax. If the public body is unable to negotiate a satisfactory maximum allowable construction cost with the firm selected that the public body determines to be fair, reasonable, and within the available funds, negotiations with that firm shall be formally terminated and the public body shall negotiate with the next ((low bidder)) highest scored firm and continue until an agreement is reached or the process is terminated. If the maximum allowable construction cost varies more than fifteen percent from the bid estimated maximum allowable construction cost due to requested and approved changes in the scope by the public body, the percent fee shall be renegotiated. (6) All subcontract work shall be competitively bid with public bid openings. ((Specific contract requirements for women and minority enterprise participation shall be specified in each subcontract bid package that exceeds ten percent of the public body's estimated project cost.)) Subcontract work shall not be issued for bid until the public body has approved, in consultation with the office of minority and women's business enterprises or the equivalent local agency, a plan prepared by the general contractor/construction manager for attaining applicable minority and women business enterprise total project goals that equitably spreads women and minority enterprise opportunities to as many firms in as many bid packages as is practicable. When critical to the successful completion of a subcontractor bid package the owner and general contractor/construction manager may evaluate for bidding eligibility a subcontractor's ability, time, budget, and specification requirements based on the subcontractor's performance of those items on previous projects. Subcontract bid packages shall be awarded to the responsible bidder submitting the low responsive bid. The requirements of RCW 39.30.060 apply to each subcontract bid package. All subcontractors who bid work over ((two)) three hundred thousand dollars shall post a bid bond and all subcontractors who are awarded a contract over ((two)) three hundred thousand dollars shall provide a performance and payment bond for their contract amount. All other subcontractors shall provide a performance and payment bond if required by the general contractor/construction manager. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project. ((All other subcontractors shall provide a performance and payment bond if required by the general contractor/construction manager.)) Except as provided for under subsection (7) of this section, bidding on subcontract work by the general contractor/construction manager or its subsidiaries is prohibited. The general contractor/construction manager may negotiate with the low-responsive bidder in accordance with RCW 39.10.080 or, if unsuccessful in such negotiations, rebid. (((4))) (7) The general contractor/construction manager, or its subsidiaries, may bid on subcontract work on projects valued over twenty million dollars if: (a) The work within the subcontract bid package is customarily performed by the general contractor/construction manager; (b) The bid opening is managed by the public body; and (c) Notification of the general contractor/construction manager's intention to bid is included in the public solicitation of bids for the bid package. In no event may the value of subcontract work performed by the general contractor/construction manager exceed twenty percent of the negotiated maximum allowable construction cost. (8) A public body may include an incentive clause in any contract awarded under this section for savings of either time or cost or both from that originally negotiated. No incentives granted may exceed five percent of the maximum allowable construction cost. If the project is completed for less than the agreed upon maximum allowable construction cost, any savings not otherwise negotiated as part of an incentive clause shall accrue to the public body. If the project is completed for more than the agreed upon maximum allowable construction cost, excepting increases due to any contract change orders approved by the public body, the additional cost shall be the responsibility of the general contractor/construction manager. NEW SECTION. Sec. 5. A new section is added to chapter 39.10 RCW to read as follows: (1) In addition to the projects authorized in RCW 39.10.050 and 39.10.060, public bodies may use the general contractor/construction manager or design-build procedure for demonstration projects valued between three million dollars and ten million dollars as follows: (a) Three demonstration projects by the department of general administration; and (b) One demonstration project by each of the public bodies authorized in RCW 39.10.020(2) other than the department of general administration. (2) Public bodies shall give weight to proposers' experience working on projects valued between three million dollars and ten million dollars in the evaluation process for the selection of a general contractor/construction manager or design-build firm for demonstration projects authorized in subsection (1) of this section. (3) Cities which supply water to over three hundred fifty thousand people may use the design-build procedure for one water system demonstration project valued over ten million dollars. Use of the design-build procedure shall be deemed to effect compliance with the requirement for competitive bids under RCW 43.155.060. (4) All contracts authorized under this section must be entered into before July 1, 1999. (5) In the event that a public body determines not to perform a demonstration project using its authority under this section, it may transfer its authority to another public body. Sec. 6. RCW 39.10.110 and 1994 c 132 s 11 are each amended to read as follows: (1) There is established a temporary independent oversight committee to review the utilization of the alternative public works contracting procedures authorized under this chapter ((and)), to evaluate potential future utilization of other alternative contracting procedures, including, but not limited to, contractor prequalification, and, if desired by the committee, to review traditional public works contracting procedures used by state agencies and municipalities. The committee shall also pursue the development of a mentoring program for expansion of the authorities in this chapter to other public bodies. The membership of the committee shall include: Two members of the house of representatives, one from each major caucus, appointed by the speaker of the house of representatives; two members of the senate, one from each major caucus, appointed by the president of the senate; representatives from the appropriate segments of the construction, contracting, subcontracting, and design industries, appointed by the governor; representatives from appropriate labor organizations, appointed by the governor; representatives from public bodies authorized to use the alternative public works contracting procedures under this chapter, appointed by the governor; a representative from the office of minority and women's business enterprises, appointed by the governor; and a representative from the office of financial management, appointed by the governor. The governor shall maintain a balance between representatives from public agencies and the private sector when appointing members to the committee, and shall consider the recommendations of the established organizations representing the construction, contracting, subcontracting, and design industries and organized labor in making the industry and labor appointments ((to the committee)). (2) The committee shall meet ((quarterly)) beginning after July 1, 1994. ((At the first meeting of the committee,)) A chair or cochairs shall be selected from among the committee's membership. Staff support for the committee shall be provided by the agencies and organizations represented on the committee. (3) Public bodies utilizing the alternative contracting procedures authorized under this chapter shall provide any requested information concerning implementation of projects under this chapter to the committee in a timely manner, excepting any trade secrets or proprietary information. (4) The committee shall report to the appropriate standing committees of the legislature by December 10, ((1996)) 2000, concerning its findings and recommendations. Sec. 7. RCW 39.10.120 and 1995 3rd sp.s. c 1 s 305 are each amended to read as follows: (1) Except as provided in subsection (2) of this section, the alternative public works contracting procedures authorized under this chapter are limited to public works contracts signed before July 1, ((1997)) 2001. Methods of public works contracting authorized by RCW 39.10.050 and 39.10.060 shall remain in full force and effect until completion of contracts signed before July 1, ((1997)) 2001. (2) For the purposes of a baseball stadium as defined in RCW 82.14.0485, the design-build contracting procedures under RCW 39.10.050 shall remain in full force and effect until completion of contracts signed before December 31, 1997. Sec. 8. RCW 39.10.902 and 1995 3rd sp.s. c 1 s 306 are each amended to read as follows: The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, ((1997)) 2001: (1) RCW 39.10.010 and 1994 c 132 s 1; (2) RCW 39.10.020 and 1994 c 132 s 2; (3) RCW 39.10.030 and 1994 c 132 s 3; (4) RCW 39.10.040 and 1994 c 132 s 4; (5) RCW 39.10.050 and 1994 c 132 s 5; (6) RCW 39.10.060 and 1994 c 132 s 6; (7) RCW 39.10.--- and 1997 c . . . s 5 (section 5 of this act); (8) RCW 39.10.070 and 1994 c 132 s 7; (((8))) (9) RCW 39.10.080 and 1994 c 132 s 8; (((9))) (10) RCW 39.10.090 and 1994 c 132 s 9; (((10))) (11) RCW 39.10.100 and 1994 c 132 s 10; (((11))) (12) RCW 39.10.110 and 1994 c 132 s 11; (((12))) (13) RCW 39.10.900 and 1994 c 132 s 13; (((13))) (14) RCW 39.10.901 and 1994 c 132 s 14; and (((14))) (15) RCW 39.10.902 and 1994 c 132 s 15. NEW SECTION. Sec. 9. 1996 c 18 s 17 (uncodified) is repealed. NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." On motion of Senator McCaslin, the following title amendment was adopted:
On page 1, line 1 of the title, after "procedures;" strike the remainder of the title and insert "amending RCW 39.10.020, 39.10.030, 39.10.050, 39.10.060, 39.10.110, 39.10.120, and 39.10.902; adding a new section to chapter 39.10 RCW; repealing 1996 c 18 s 17 (uncodified); providing an effective date; and declaring an emergency."
MOTION
On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 1425, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Johnson, further consideration of Substitute House Bill No. 1425, as amended by the Senate, was deferred.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1426, by House Committee on Commerce and Labor (originally sponsored by Representatives Bush, McMorris and Dickerson) (by request of Department of Social and Health Services)
Revising provisions for liens filed by the department of social and health services.
The bill was read the second time.
MOTION
On motion of Senator Schow, the rules were suspended, Substitute House Bill No. 1426 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1426.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1426 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Benton and West - 2. SUBSTITUTE HOUSE BILL NO. 1426, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1429, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Sump, O'Brien, Sullivan, Mielke, Mulliken and Sherstad)
Penalizing cigarette discard.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1429 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1429.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1429 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senators Loveland and Thibaudeau - 2. Excused: Senators Benton and West - 2. SUBSTITUTE HOUSE BILL NO. 1429, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1432, by House Committee on Appropriations (originally sponsored by Representatives Cooke, Tokuda, Kastama and Dickerson) (by request of Department of Social and Health Services)
Modifying the adoption support reconsideration program.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Second Substitute House Bill No. 1432 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Hale, Senator Schow was excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1432.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1432 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Winsley, Wojahn, Wood and Zarelli - 44. Absent: Senators Loveland and Thibaudeau - 2. Excused: Senators Benton, Schow and West - 3. SECOND SUBSTITUTE HOUSE BILL NO. 1432, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1457, by Representatives Chandler, Fisher and Zellinsky (by request of Department of Licensing)
Regulating the issuance and cost of permits and certificates issued by the department of licensing.
The bill was read the second time.
MOTIONS
On motion of Senator Prince, the following Committee on Transportation amendment was adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 46.09.070 and 1986 c 206 s 4 are each amended to read as follows: (1) Application for annual or temporary ORV use permits shall be made to the department or its authorized agent in such manner and upon such forms as the department shall prescribe and shall state the name and address of each owner of the off-road vehicle. (2) An application for an annual permit shall be signed by at least one owner, and shall be accompanied by a fee of five dollars. Upon receipt of the annual permit application and the application fee, the off-road vehicle shall be assigned a use permit number tag or decal, which shall be affixed to the off-road vehicle in a manner prescribed by the department. The annual permit is valid for a period of one year and is renewable each year in such manner as the department may prescribe for an additional period of one year upon payment of a renewal fee of five dollars. Any person acquiring an off-road vehicle for which an annual permit has been issued who desires to continue to use the permit must, within fifteen days of the acquisition of the off-road vehicle, make application to the department or its authorized agent for transfer of the permit, and the application shall be accompanied by a transfer fee of one dollar and twenty-five cents. (3) A temporary use permit is valid for sixty days. Application for a temporary permit shall be accompanied by a fee of two dollars. The permit shall be carried on the vehicle at all times during its operation in the state. (4) Except as provided in RCW 46.09.050, any out-of-state operator of an off-road vehicle shall, when operating in this state, comply with this chapter, and if an ORV use permit is required under this chapter, the operator shall obtain an annual or temporary permit and tag. Sec. 2. RCW 46.10.040 and 1996 c 164 s 1 are each amended to read as follows: Application for registration shall be made to the department in the manner and upon forms the department prescribes, and shall state the name and address of each owner of the snowmobile to be registered, and shall be signed by at least one such owner, and shall be accompanied by an annual registration fee to be established by the commission, after consultation with the committee and any state-wide snowmobile user groups. The fee shall be fifteen dollars pending action by the commission to increase the fee. The commission shall increase the fee by two dollars and fifty cents effective September 30, 1996, and the commission shall increase the fee by another two dollars and fifty cents effective September 30, 1997. After the fee increase effective September 30, 1997, the commission shall not increase the fee. Upon receipt of the application and the application fee, the snowmobile shall be registered and a registration number assigned, which shall be affixed to the snowmobile in a manner provided in RCW 46.10.070. The registration provided in this section shall be valid for a period of one year. At the end of the period of registration, every owner of a snowmobile in this state shall renew his or her registration in the manner the department prescribes, for an additional period of one year, upon payment of the annual registration fee as determined by the commission. Any person acquiring a snowmobile already validly registered under the provisions of this chapter must, within ten days of the acquisition or purchase of the snowmobile, make application to the department for transfer of the registration, and the application shall be accompanied by a transfer fee of one dollar and twenty-five cents. A snowmobile owned by a resident of another state or Canadian province where registration is not required by law may be issued a nonresident registration permit valid for not more than sixty days. Application for the permit shall state the name and address of each owner of the snowmobile to be registered and shall be signed by at least one owner and shall be accompanied by a registration fee of five dollars. The registration permit shall be carried on the vehicle at all times during its operation in this state. The registration fees provided in this section shall be in lieu of any personal property or excise tax heretofore imposed on snowmobiles by this state or any political subdivision thereof, and no city, county, or other municipality, and no state agency shall hereafter impose any other registration or license fee on any snowmobile in this state. The department shall make available a pair of uniform decals consistent with the provisions of RCW 46.10.070. In addition to the registration fee provided in this section the department shall charge each applicant for registration the actual cost of the decal. The department shall make available replacement decals for a fee equivalent to the actual cost of the decals. Sec. 3. RCW 46.12.010 and 1979 c 158 s 132 are each amended to read as follows: It shall be unlawful for any person to operate any vehicle in this state under a certificate of license registration of this state without securing and having in full force and effect a certificate of ownership therefor that contains the name of the registered owner exactly as it appears on the certificate of license registration and it shall further be unlawful for any person to sell or transfer any vehicle without complying with all the provisions of this chapter relating to certificates of ownership and license registration of vehicles: PROVIDED, No certificate of title need be obtained for a vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing and demonstration, or a vehicle used by a manufacturer solely for testing: PROVIDED, That a security interest in a vehicle held as inventory by a manufacturer or dealer shall be perfected in accordance with RCW 62A.9-302(1) and no endorsement on the certificate of title shall be necessary for perfection: AND PROVIDED FURTHER, That nothing in this title shall be construed to prevent any person entitled thereto from securing a certificate of ownership upon a vehicle ((other than a travel trailer or camper)) without securing a certificate of license registration and vehicle license plates, when, in the judgment of the director of licensing, it is proper to do so. Sec. 4. RCW 46.12.080 and 1979 ex.s. c 113 s 1 are each amended to read as follows: Any person holding the certificate of ((license registration)) ownership for a motorcycle or any vehicle registered by its motor number in which there has been installed a new or different motor than that with which it was issued certificates of ownership and license registration shall forthwith and within five days after such installation forward and surrender such certificates to the department, together with an application for issue of corrected certificates of ownership and license registration and a fee of one dollar and twenty-five cents, and a statement of the disposition of the former motor. The possession by any person of any such certificates for such vehicle in which a new or different motor has been installed, after five days following such installation, shall be prima facie evidence of a violation of the provisions of this chapter and shall constitute a misdemeanor. Sec. 5. RCW 46.12.170 and 1994 c 262 s 6 are each amended to read as follows: If, after a certificate of ownership is issued, a security interest is granted on the vehicle described therein, the registered owner or secured party shall, within ten days thereafter, present an application to the department, to which shall be attached the certificate of ownership last issued covering the vehicle, or such other documentation as may be required by the department, which application shall be upon a form ((provided)) approved by the department and shall be accompanied by a fee of one dollar and twenty-five cents in addition to all other fees. The department, if satisfied that there should be a reissue of the certificate, shall note such change upon the vehicle records and issue to the secured party a new certificate of ownership. Whenever there is no outstanding secured obligation and no commitment to make advances and incur obligations or otherwise give value, the secured party must assign the certificate of ownership to the debtor or the debtor's assignee and transmit the certificate to the department with an accompanying fee of one dollar and twenty-five cents in addition to all other fees. The department shall then issue a new certificate of ownership and transmit it to the owner. If the affected secured party fails to either assign or transmit the certificate of ownership to the department within ten days after proper demand, that secured party shall be liable to the debtor for one hundred dollars, and in addition for any loss caused to the debtor by such failure. NEW SECTION. Sec. 6. A new section is added to chapter 46.16 RCW to read as follows: If a certificate of license registration is lost, stolen, mutilated, or destroyed or becomes illegible, the registered owner or owners, as shown by the records of the department, shall promptly make application for and may obtain a duplicate upon tender of one dollar and twenty-five cents in addition to all other fees and upon furnishing information satisfactory to the department. The duplicate of the license registration shall contain the legend, "duplicate." A person recovering an original certificate of license registration for which a duplicate has been issued shall promptly surrender the original certificate to the department. Sec. 7. RCW 46.12.181 and 1994 c 262 s 7 are each amended to read as follows: If a certificate of ownership ((or a certificate of license registration)) is lost, stolen, mutilated, or destroyed or becomes illegible, the first priority secured party or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a duplicate upon tender of one dollar and twenty-five cents in addition to all other fees and upon furnishing information satisfactory to the department. The duplicate certificate of ownership ((or license registration)) shall contain the legend, "((This is a)) duplicate ((certificate))." It shall be ((mailed)) provided to the first priority secured party named in it or, if none, to the owner. A person recovering an original certificate of ownership ((or title registration)) for which a duplicate has been issued shall promptly surrender the original certificate to the department. Sec. 8. RCW 46.16.210 and 1994 c 262 s 9 are each amended to read as follows: (1) Upon receipt of the application and proper fee for original vehicle license, the director shall make a recheck of the application and in the event that there is any error in the application it may be returned to the county auditor or other agent to effectively secure the correction of such error, who shall return the same corrected to the director. (2) Application for the renewal of a vehicle license shall be made to the director or his agents, including county auditors, by the registered owner on a form prescribed by the director. The application must be accompanied by the certificate of registration for the last registration period in which the vehicle was registered in Washington unless the applicant submits a preprinted application mailed from Olympia, and the payment of such license fees and excise tax as may be required by law. Such application shall be handled in the same manner and the fees transmitted to the state treasurer in the same manner as in the case of an original application. Any such application which upon validation becomes a renewal certificate need not have entered upon it the name of the lien holder, if any, of the vehicle concerned. (3) Persons expecting to be out of the state during the normal ((forty-five day)) renewal period of a vehicle license may secure renewal of such vehicle license and have license plates or tabs preissued by making application to the director or his agents upon forms prescribed by the director. The application must be accompanied by the certificate of registration for the last registration period in which the vehicle was registered in Washington and be accompanied by such license fees, and excise tax as may be required by law. (4) Application for the annual renewal of a vehicle license number plate to the director or ((his)) the director's agents shall not be required for those vehicles owned, rented, or leased by the state of Washington, or by any county, city, town, school district, or other political subdivision of the state of Washington or a governing body of an Indian tribe located within this state and recognized as a governmental entity by the United States department of the interior. Sec. 9. RCW 46.16.220 and 1991 c 339 s 20 are each amended to read as follows: Vehicle licenses and vehicle license number plates may be renewed for the subsequent registration year ((on and after the forty-fifth day prior to the end of)) up to eighteen months before the current ((registration year)) expiration date and must be used and displayed from the date of issue or from the day of the expiration of the preceding registration year, whichever date is later. Sec. 10. RCW 46.16.305 and 1990 c 250 s 2 are each amended to read as follows: The department shall continue to issue, under RCW 46.16.301 and the department's rules implementing RCW 46.16.301 through 46.16.332, the categories of special plates issued by the department under the sections repealed under section ((13)) 12 (1) through (7), chapter 250, Laws of 1990. Special license plates issued under those repealed sections before January 1, 1991, are valid to the extent and under the conditions provided in those repealed sections. The following conditions, limitations, or requirements apply to certain special license plates issued after January 1, 1991: (1) A horseless carriage plate and a plate or plates issued for collectors' vehicles more than thirty years old, upon payment of the initial fees required by law and the additional special license plate fee established by the department, are valid for the life of the vehicle for which application is approved by the department. When a single plate is issued, it shall be displayed on the rear of the vehicle. (2) The department may issue special license plates denoting amateur radio operator status only to persons having a valid official radio operator license issued ((for a term of five years)) by the federal communications commission. (3) The department shall issue one set of special license plates to each resident of this state who has been awarded the Congressional Medal of Honor for use on a passenger vehicle registered to that person. The department shall issue the plate without the payment of any fees. (4) The department may issue for use on only one motor vehicle owned by the qualified applicant special license plates denoting that the recipient of the plate is a survivor of the attack on Pearl Harbor on December 7, 1941, to persons meeting all of the following criteria: (a) Is a resident of this state; (b) Was a member of the United States Armed Forces on December 7, 1941; (c) Was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the island of Oahu, or offshore at a distance not to exceed three miles; (d) Received an honorable discharge from the United States Armed Forces; and (e) Is certified by a Washington state chapter of the Pearl Harbor survivors association as satisfying the qualifications in (c) of this subsection. The department may issue such plates to the surviving spouse of any deceased Pearl Harbor survivor who met the requirements of this subsection. If the surviving spouse remarries, he or she shall return the special plates to the department within fifteen days and apply for regular plates. The surviving spouse must be a resident of this state. The department shall issue these plates upon payment by the applicant of all other license fees, but the department may not set or charge an additional fee for these special license plates under RCW 46.16.313. (5) The department shall replace, free of charge, special license plates issued under subsections (3) and (4) of this section if they are lost, stolen, damaged, defaced, or destroyed. Such plates shall remain with the persons upon transfer or other disposition of the vehicle for which they were initially issued, and may be used on another vehicle registered to the recipient in accordance with the provisions of RCW 46.16.316(1). Sec. 11. RCW 46.16.630 and 1979 ex.s. c 213 s 5 are each amended to read as follows: Application for registration of a moped shall be made to the department of licensing in such manner and upon such forms as the department shall prescribe, and shall state the name and address of each owner of the moped to be registered, the vehicle identification number, and such other information as the department may require, and shall be accompanied by a registration fee of three dollars. Upon receipt of the application and the application fee, the moped shall be registered and a registration number assigned, which shall be affixed to the moped in the manner as provided by rules adopted by the department. The registration provided in this section shall be valid for a period of twelve months. Every owner of a moped in this state shall renew the registration, in such manner as the department shall prescribe, for an additional period of twelve months, upon payment of a renewal fee of three dollars. Any person acquiring a moped already validly registered must, within fifteen days of the acquisition or purchase of the moped, make application to the department for transfer of the registration, and the application shall be accompanied by a transfer fee of one dollar and twenty-five cents. The registration fees provided in this section shall be in lieu of any personal property tax or the vehicle excise tax imposed by chapter 82.44 RCW. The department shall, at the time the registration number is assigned, make available a decal or other identifying device to be displayed on the moped. A fee of one dollar and fifty cents shall be charged for the decal or other identifying device. The provisions of RCW 46.01.130 and 46.01.140 shall apply to applications for the issuance of registration numbers or renewals or transfers thereof for mopeds as they do to the issuance of vehicle licenses, the appointment of agents, and the collection of application fees. Except for the fee collected pursuant to RCW 46.01.140, all fees collected under this section shall be deposited in the motor vehicle fund. Sec. 12. RCW 88.02.075 and 1986 c 71 s 1 are each amended to read as follows: (1) If a certificate of ((title)) ownership, a certificate of registration, or a pair of decals is lost, stolen, mutilated, or destroyed or becomes illegible, the first priority secured party or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly apply for and may obtain a duplicate certificate or replacement decals upon payment of one dollar and twenty-five cents and furnishing information satisfactory to the department. (a) An application for a duplicate certificate of title shall be accompanied by an affidavit of loss or destruction in a form approved by the department and signed by the first secured party or, if none, the owner or legal representative of the owner. (b) An application for a duplicate certificate of registration or replacement decals shall be accompanied by an affidavit of loss or destruction in a form approved by the department and signed by the registered owner or legal representative of the owner. (2) The duplicate certificate of ((title)) ownership or registration shall contain the legend, "((This is a)) duplicate ((certificate))." It shall be mailed to the first priority secured party named in it or, if none, to the owner. (3) A person recovering an original certificate of ((title)) ownership, certificate of registration, or decal for which a duplicate or replacement has been issued shall promptly surrender the original to the department. Sec. 13. RCW 46.16.010 and 1996 c 184 s 1 are each amended to read as follows: (1) It is unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as by this chapter provided. Failure to make initial registration before operation on the highways of this state is a misdemeanor, and any person convicted thereof shall be punished by a fine of no less than three hundred thirty dollars, no part of which may be suspended or deferred. Failure to renew an expired registration before operation on the highways of this state is a traffic infraction. (2) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the payment of any tax or license fee imposed in connection with registration, is a gross misdemeanor punishable as follows: (a) For a first offense, up to one year in the county jail and a fine equal to twice the amount of delinquent taxes and fees, no part of which may be suspended or deferred; (b) For a second or subsequent offense, up to one year in the county jail and a fine equal to four times the amount of delinquent taxes and fees, no part of which may be suspended or deferred; (c) For fines levied under (b) of this subsection, an amount equal to the avoided taxes and fees owed shall be deposited in the vehicle licensing fraud account created in the state treasury; (d) The avoided taxes and fees shall be deposited and distributed in the same manner as if the taxes and fees were properly paid in a timely fashion. (3) These provisions shall not apply to farm vehicles as defined in RCW 46.04.181 if operated within a radius of fifteen miles of the farm where principally used or garaged, farm tractors and farm implements including trailers designed as cook or bunk houses used exclusively for animal herding temporarily operating or drawn upon the public highways, and trailers used exclusively to transport farm implements from one farm to another during the daylight hours or at night when such equipment has lights that comply with the law: PROVIDED FURTHER, That these provisions shall not apply to spray or fertilizer applicator rigs designed and used exclusively for spraying or fertilization in the conduct of agricultural operations and not primarily for the purpose of transportation, and nurse rigs or equipment auxiliary to the use of and designed or modified for the fueling, repairing or loading of spray and fertilizer applicator rigs and not used, designed or modified primarily for the purpose of transportation: PROVIDED FURTHER, That these provisions shall not apply to fork lifts operated during daylight hours on public highways adjacent to and within five hundred feet of the warehouses which they serve: PROVIDED FURTHER, That these provisions shall not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks: PROVIDED FURTHER, That these provisions shall not apply to equipment defined as follows: "Special highway construction equipment" is any vehicle which is designed and used primarily for grading of highways, paving of highways, earth moving, and other construction work on highways and which is not designed or used primarily for the transportation of persons or property on a public highway and which is only incidentally operated or moved over the highway. It includes, but is not limited to, road construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, track laying tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor-drawn earth moving equipment and machinery, including dump trucks and tractor-dump trailer combinations which either (1) are in excess of the legal width or (2) which, because of their length, height or unladen weight, may not be moved on a public highway without the permit specified in RCW 46.44.090 and which are not operated laden except within the boundaries of the project limits as defined by the contract, and other similar types of construction equipment, or (3) which are driven or moved upon a public highway only for the purpose of crossing such highway from one property to another, provided such movement does not exceed five hundred feet and the vehicle is equipped with wheels or pads which will not damage the roadway surface. Exclusions: "Special highway construction equipment" does not include any of the following: Dump trucks originally designed to comply with the legal size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in RCW 46.44.090, to operate such vehicles on a public highway, including trailers, truck-mounted transit mixers, cranes and shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (4) The following vehicles, whether operated solo or in combination, are exempt from license registration and displaying license plates as required by this chapter: (a) A converter gear used to convert a semitrailer into a trailer or a two-axle truck or tractor into a three or more axle truck or tractor or used in any other manner to increase the number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle. (b) A tow dolly that is used for towing a motor vehicle behind another motor vehicle. The front or rear wheels of the towed vehicle are secured to and rest on the tow dolly that is attached to the towing vehicle by a tow bar. Sec. 14. RCW 46.37.010 and 1989 c 178 s 22 are each amended to read as follows: (1) It is a traffic infraction for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter or in regulations issued by the chief of the Washington state patrol, or which is equipped in any manner in violation of this chapter or the state patrol's regulations, or for any person to do any act forbidden or fail to perform any act required under this chapter or the state patrol's regulations. (2) Nothing contained in this chapter or the state patrol's regulations shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter or the state patrol's regulations. (3) The provisions of the chapter and the state patrol's regulations with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable. (4) No owner or operator of a farm tractor, self-propelled unit of farm equipment, or implement of husbandry shall be guilty of a crime or subject to penalty for violation of RCW 46.37.160 as now or hereafter amended unless such violation occurs on a public highway. (5) It is a traffic infraction for any person to sell or offer for sale vehicle equipment which is required to be approved by the state patrol as prescribed in RCW 46.37.005 unless it has been approved by the state patrol. (6) The provisions of this chapter with respect to equipment required on vehicles shall not apply to motorcycles or motor-driven cycles except as herein made applicable. (7) This chapter does not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks. (8) Notices of traffic infraction issued to commercial drivers under the provisions of this chapter with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes under chapter 46.20 RCW. (((8))) (9) Whenever a traffic infraction is chargeable to the owner or lessee of a vehicle under subsection (1) of this section, the driver shall not be arrested or issued a notice of traffic infraction unless the vehicle is registered in a jurisdiction other than Washington state, or unless the infraction is for an offense that is clearly within the responsibility of the driver. (((9))) (10) Whenever the owner or lessee is issued a notice of traffic infraction under this section the court may, on the request of the owner or lessee, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is found to have committed the traffic infraction, the court may dismiss the notice against the owner or lessee." On motion of Senator Prince, the following title amendment was adopted:
On page 1, line 2 of the title, after "licensing;" strike the remainder of the title and insert "amending RCW 46.09.070, 46.10.040, 46.12.010, 46.12.080, 46.12.170, 46.12.181, 46.16.210, 46.16.220, 46.16.305, 46.16.630, 88.02.075, 46.16.010, and 46.37.010; and adding a new section to chapter 46.16 RCW."
MOTION
On motion of Senator Prince, the rules were suspended, House Bill No. 1457, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1457, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1457, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Benton, Schow and West - 3. HOUSE BILL NO. 1457, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1459, by Representatives Cairnes, Fisher and Chandler (by request of Department of Licensing)
Regulating licensees of the department of licensing.
The bill was read the second time.
MOTION
On motion of Senator Prince, the rules were suspended, House Bill No. 1459 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1459.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1459 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senator Anderson - 1. Excused: Senators Benton, Schow and West - 3. HOUSE BILL NO. 1459, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1496, by Representatives Benson, Cooke, Mulliken, Dunshee, Linville, Sheahan, Gombosky, Carrell, Sterk, McMorris and Kastama
Clarifying the definition of "negligent treatment or maltreatment" of a child.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Engrossed House Bill No. 1496 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1496.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1496 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45. Absent: Senator Wood - 1. Excused: Senators Benton, Schow and West - 3. ENGROSSED HOUSE BILL NO. 1496, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1525, by Representatives K. Schmidt, Hatfield and Skinner (by request of County Road Administration Board)
Revising the submittal date for county six-year transportation programs.
The bill was read the second time.
MOTION
On motion of Senator Prince, the rules were suspended, House Bill No. 1525 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1525.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1525 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Benton, Schow and West - 3. HOUSE BILL NO. 1525, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1533, by Representatives Sehlin, Quall, K. Schmidt, D. Schmidt, Scott and Hankins
Using county road funds.
The bill was read the second time.
MOTION
On motion of Senator Prince, the rules were suspended, Engrossed House Bill No. 1533 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1533.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1533 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senator Haugen - 1. Excused: Senators Benton, Schow and West - 3. ENGROSSED HOUSE BILL NO. 1533, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 12:00 noon, on motion of Senator Johnson, the Senate recessed until 1:30 p.m.
The Senate was called to order at 1:33 p.m. by President Owen.
MOTIONS
On motion of Senator Hale, Senators Deccio, Finkbeiner, Long, Newhouse, Prince and Winsley were excused.
On motion of Senator Franklin, Senators Bauer and McAuliffe were excused.
SECOND READING
GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Johnson, Gubernatorial Appointment No. 9231, Robert E. Quoidbach, as a member of the Forest Practices Appeals Board, was confirmed.
Senators Johnson and Snyder spoke to the confirmation of Robert E. Quoidbach as a member of the Forest Practices Appeals Board.
APPOINTMENT OF ROBERT E. QUOIDBACH
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.
Voting yea: Senators Anderson, Brown, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Wojahn, Wood and Zarelli - 39. Excused: Senators Bauer, Benton, Deccio, Finkbeiner, Long, McAuliffe, Newhouse, Prince, West and Winsley - 10.
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9163, J. C. Jackson, as a member of the Board of Trustees for Bellevue Community College District No. 8, was confirmed
APPOINTMENT OF J. C. JACKSON
The Secretary called the roll. The appointment was confirmed by the following vote Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, Bauer, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43. Absent: Senator McDonald - 1. Excused: Senators Benton, Deccio, McAuliffe, Prince and West - 5.:
SECOND READING
HOUSE BILL NO. 1539, by Representatives Honeyford, Fisher, Schoesler and Sheldon
Regulating fire district associations.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, House Bill No. 1539 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1539.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1539 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Benton, Deccio and West - 3. HOUSE BILL NO. 1539, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1545, by Representatives Sheahan, Costa, Tokuda, Cooper, Blalock, Keiser, Kenney, Conway, Lantz, Cole, Wolfe, O'Brien, Mason, Wood and Scott
Regulating funding for domestic violence shelters.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, House Bill No. 1545 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1545.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1545 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Finkbeiner - 1. Excused: Senator Benton - 1. HOUSE BILL NO. 1545, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGES FROM THE HOUSE
April 9, 1997
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5448,
SUBSTITUTE SENATE BILL NO. 5470,
SENATE BILL NO. 5486,
SENATE BILL NO. 5507,
SUBSTITUTE SENATE BILL NO. 5513,
SUBSTITUTE SENATE BILL NO. 5529,
SUBSTITUTE SENATE BILL NO. 5560,
SUBSTITUTE SENATE BILL NO. 5562, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1997
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5029,
SUBSTITUTE SENATE BILL NO. 5125,
SUBSTITUTE SENATE BILL NO. 5142,
SUBSTITUTE SENATE BILL NO. 5254,
SUBSTITUTE SENATE BILL NO. 5322,
SUBSTITUTE SENATE BILL NO. 5375,
SUBSTITUTE SENATE BILL NO. 5401,
SENATE BILL NO. 5647,
SENATE BILL NO. 5732,
SUBSTITUTE SENATE BILL NO. 5755,
ENGROSSED SENATE BILL NO. 5774,
SENATE BILL NO. 6007,
ENGROSSED SENATE JOINT MEMORIAL NO. 8001,
SENATE JOINT MEMORIAL NO. 8008, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1997
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5085,
SUBSTITUTE SENATE BILL NO. 5100,
SUBSTITUTE SENATE BILL NO. 5107,
SENATE BILL NO. 5108,
SENATE BILL NO. 5109,
ENGROSSED SENATE BILL NO. 5163,
SUBSTITUTE SENATE BILL NO. 5183, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5009,
SUBSTITUTE SENATE BILL NO. 5049,
SENATE BILL NO. 5113,
SENATE BILL NO. 5132,
SENATE BILL NO. 5211,
SENATE BILL NO. 5287,
SUBSTITUTE SENATE BILL NO. 5308,
SENATE BILL NO. 5330,
SENATE BILL NO. 5338,
SENATE BILL NO. 5364,
SENATE BILL NO. 5426,
SENATE BILL NO. 5520,
SENATE BILL NO. 5672,
SUBSTITUTE SENATE BILL NO. 5684,
SENATE BILL NO. 5713,
SENATE BILL NO. 5809,
SENATE BILL NO. 5925, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1060,
HOUSE BILL NO. 1081,
HOUSE BILL NO. 1098,
SUBSTITUTE HOUSE BILL NO. 1120,
HOUSE BILL NO. 1187,
HOUSE BILL NO. 1241,
SUBSTITUTE HOUSE BILL NO. 1383,
HOUSE BILL NO. 1452,
HOUSE BILL NO. 1514,
HOUSE BILL NO. 1651,
SUBSTITUTE HOUSE BILL NO. 1813,
ENGROSSED HOUSE BILL NO. 2093, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1007,
SUBSTITUTE HOUSE BILL NO. 1016,
SUBSTITUTE HOUSE BILL NO. 1089,
SUBSTITUTE HOUSE BILL NO. 1124,
SUBSTITUTE HOUSE BILL NO. 1171,
HOUSE BILL NO. 1188,
SUBSTITUTE HOUSE BILL NO. 1249,
SUBSTITUTE HOUSE BILL NO. 1251,
HOUSE BILL NO. 1288,
HOUSE BILL NO. 1400,
HOUSE BILL NO. 1590,
SUBSTITUTE HOUSE BILL NO. 1658,
SUBSTITUTE HOUSE BILL NO. 1799, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5448,
SUBSTITUTE SENATE BILL NO. 5470,
SENATE BILL NO. 5486,
SENATE BILL NO. 5507,
SUBSTITUTE SENATE BILL NO. 5513,
SUBSTITUTE SENATE BILL NO. 5529,
SUBSTITUTE SENATE BILL NO. 5560,
SUBSTITUTE SENATE BILL NO. 5562.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1060,
HOUSE BILL NO. 1081,
HOUSE BILL NO. 1098,
SUBSTITUTE HOUSE BILL NO. 1120,
HOUSE BILL NO. 1187,
HOUSE BILL NO. 1241,
SUBSTITUTE HOUSE BILL NO. 1383,
HOUSE BILL NO. 1452,
HOUSE BILL NO. 1514,
HOUSE BILL NO. 1651,
SUBSTITUTE HOUSE BILL NO. 1813,
ENGROSSED HOUSE BILL NO. 2093.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1007,
SUBSTITUTE HOUSE BILL NO. 1016,
SUBSTITUTE HOUSE BILL NO. 1089,
SUBSTITUTE HOUSE BILL NO. 1124,
SUBSTITUTE HOUSE BILL NO. 1171,
HOUSE BILL NO. 1188,
SUBSTITUTE HOUSE BILL NO. 1249,
SUBSTITUTE HOUSE BILL NO. 1251,
HOUSE BILL NO. 1288,
HOUSE BILL NO. 1400,
HOUSE BILL NO. 1590,
SUBSTITUTE HOUSE BILL NO. 1658,
SUBSTITUTE HOUSE BILL NO. 1799.
MOTION
At 2:00 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 4:02 p.m. by President Owen.
MOTION
On motion of Senator Johnson, the Senate advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1551, by Representatives Mason, Carlson, Radcliff, Kenney, Cooper, Conway, Costa, Sullivan, Wolfe, Scott, O'Brien and Wood
Increasing fiscal flexibility for institutions of higher education.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, House Bill No. 1551 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1551.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1551 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. HOUSE BILL NO. 1551, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1535, by House Committee on Health Care (originally sponsored by Representatives Sherstad, Cody, Dyer, Murray, Cooke, O'Brien, Cooper, Wolfe, Cole, Veloria, Butler, Ogden, Anderson, Mason and Van Luven)
Declaring a naturopath a health care practitioner for certain purposes.
The bill was read the second time.
MOTION
On motion of Senator Deccio, the rules were suspended, Substitute House Bill No. 1535 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1535.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1535 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. SUBSTITUTE HOUSE BILL NO. 1535, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1610, by Representatives DeBolt, Poulsen, Mastin, Hankins and Kessler (by request of Utilities and Transportation Commission)
Exempting regulated utilities from seeking commission preapproval of some short-term notes having a maturity of twelve or fewer months.
The bill was read the second time.
MOTION
On motion of Senator Finkbeiner, the rules were suspended, House Bill No. 1610 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1610.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1610 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. HOUSE BILL NO. 1610, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Brown was excused.
,
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1105, by House Committee on Appropriations (originally sponsored by Representatives Ogden, Sehlin, H. Sommers, Lambert, Carlson, Wolfe, Anderson and Scott) (by request of Joint Committee on Pension Policy)
Providing retirement credit for leave for legislative service.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Substitute House Bill No. 1105 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1105.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1105 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Hargrove - 1. Excused: Senators Benton and Brown - 2. SUBSTITUTE HOUSE BILL NO. 1105, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1928, by Representatives Skinner, Mason, Van Luven, Radcliff and D. Schmidt (by request of Housing Finance Commission)
Allowing the housing finance commission to impose covenants running with the land.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, House Bill No. 1928 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1928.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1928 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. HOUSE BILL NO. 1928, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hale, Senators Schow and Sellar were excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1361, by House Committee on Commerce and labor (originally sponsored by Representatives Clements, Skinner and Honeyford)
Regulating electricians and electrical installations.
The bill was read the second time.
MOTION
Senator Horn moved that the following Committee on Commerce and Labor amendment not be adopted:
On page 5, after line 21, insert the following: "Sec. 1. RCW 19.28.070 and 1986 c 156 s 4 are each amended to read as follows: The director of labor and industries of the state of Washington and the officials of all incorporated cities and towns where electrical inspections are required by local ordinances shall have power and it shall be their duty to enforce the provisions of this chapter in their respective jurisdictions. The director of labor and industries shall ((have power to)) appoint ((an)) a chief electrical inspector((, and such assistant inspectors as he shall deem necessary to assist him in the performance of his duties)) and may appoint such assistant inspectors as the director deems necessary to assist the director in the performance of the director's duties. The chief electrical inspector shall be responsible for providing the final interpretation of adopted state electrical standards, rules, and policies for the department and its inspectors, assistant inspectors, electrical plan examiners, and other individuals supervising electrical program personnel. If a dispute arises within the department regarding the interpretation of adopted state electrical standards, rules, or policies, the chief electrical inspector shall provide the final interpretation of the disputed standard, rule, or policy. All electrical inspectors appointed by the director of labor and industries shall have not less than four years experience as journeyman electricians in installing and maintaining electrical equipment, or two years electrical training in a college of electrical engineering of recognized standing and four years continuous practical electrical experience in installation work, or four years of electrical training in a college of electrical engineering of recognized standing and two years continuous practical electrical experience in electrical installation work. Such state inspectors shall be paid such salary as the director of labor and industries shall determine, together with their travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. The expenses of the director of labor and industries and the salaries and expenses of state inspectors incurred in carrying out the provisions of this chapter shall be paid entirely out of the electrical license fund, upon vouchers approved by the director of labor and industries." The President declared the question before the Senate to be the motion by Senator Horn that the Committee on Commerce and Labor amendment on page 5, after line 21, to Engrossed Substitute House Bill No. 1361 not be adopted.
The motion by Senator Horn carried and the Committee on Commerce and Labor amendment was not adopted.
MOTION
Senator Horn moved that the following amendment by Senators Horn and Heavey be adopted:
On page 5, after line 21, insert the following: "Sec. 4. RCW 19.28.070 and 1986 c 156 s 4 are each amended to read as follows: The director of labor and industries of the state of Washington and the officials of all incorporated cities and towns where electrical inspections are required by local ordinances shall have power and it shall be their duty to enforce the provisions of this chapter in their respective jurisdictions. The director of labor and industries shall ((have power to)) appoint ((an)) a chief electrical inspector((, and such assistant inspectors as he shall deem necessary to assist him in the performance of his duties)) and may appoint other electrical inspectors as the director deems necessary to assist the director in the performance of the director's duties. The chief electrical inspector, subject to the review of the director, shall be responsible for providing the final interpretation of adopted state electrical standards, rules, and policies for the department and its inspectors, assistant inspectors, electrical plan examiners, and other individuals supervising electrical program personnel. If a dispute arises within the department regarding the interpretation of adopted state electrical standards, rules, or policies, the chief electrical inspector, subject to the review of the director, shall provide the final interpretation of the disputed standard, rule, or policy. All electrical inspectors appointed by the director of labor and industries shall have not less than: Four years experience as journeyman electricians in the electrical construction trade installing and maintaining electrical wiring and equipment, or two years electrical training in a college of electrical engineering of recognized standing and four years continuous practical electrical experience in installation work, or four years of electrical training in a college of electrical engineering of recognized standing and two years continuous practical electrical experience in electrical installation work; or four years experience as a journeyman electrician performing the duties of an electrical inspector employed by the department or a city or town with an approved inspection program under RCW 19.28.360, except that for work performed in accordance with the national electrical safety code and covered by this chapter, such inspections may be performed by a person certified as an outside journeyman lineman, under RCW 19.28.610(2), with four years experience or a person with four years experience as a certified outside journeyman lineman performing the duties of an electrical inspector employed by an electrical utility. Such state inspectors shall be paid such salary as the director of labor and industries shall determine, together with their travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. As a condition of employment, inspectors hired exclusively to perform inspections in accordance with the national electrical safety code must possess and maintain certification as an outside journeyman lineman. The expenses of the director of labor and industries and the salaries and expenses of state inspectors incurred in carrying out the provisions of this chapter shall be paid entirely out of the electrical license fund, upon vouchers approved by the director of labor and industries." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Horn and Heavey on page 5, after line 21, to Engrossed Substitute House Bill No. 1361.
The motion by Senator Horn carried and the amendment was adopted.
MOTIONS
On motion of Senator Horn, the following title amendment was adopted:
On page 1, line 2 of the title, after "19.28.520," strike "and 19.28.530" and insert "19.28.530, and 19.28.070" On motion of Senator Horn, the rules were suspended, Engrossed Substitute House Bill No. 1361, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1361, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1361, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Benton, Schow and Sellar - 3. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1361, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6045, by Senators West, Spanel, Strannigan and Oke (by request of Governor Locke)
Creating the savings incentive account.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6045 was substituted for Senate Bill No. 6045 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 6045 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6045.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6045 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47. Voting nay: Senator Zarelli - 1. Excused: Senator Benton - 1. SUBSTITUTE SENATE BILL NO. 6045, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6070, by Senators West and Spanel (by request of Office of Financial Management)
Creating the disaster response account.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Senate Bill No. 6070 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6070.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6070 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. SENATE BILL NO. 6070, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6076, by Senators West, Wood, Bauer, Anderson, Kohl, Long, Spanel, Swecker, Finkbeiner, Winsley, Hale, Horn and Hochstatter
Changing the adjustment of state appropriations for needy student financial aid.
The bill was read the second time.
MOTION
Senator Jacobsen moved that the following amendment be adopted:
On page 1, line 13, strike "thirty" and insert "forty" Debate ensued.
Senator Sheldon demanded a roll call and the demand was sustained.
MOTION
On motion of Senator Johnson, further consideration of Senate Bill No. 6076 was deferred.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1261, by House Committee on Finance (originally sponsored by Representatives Mulliken, Pennington, Boldt and Wensman) (by request of Department of Revenue)
Requiring a ranged table in standard increments for the business and occupation tax small business credit.
The bill was read the second time.
MOTIONS
On motion of Senator West, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds that many businesses have difficulty applying the small business credit under RCW 82.04.4451. Further, the legislature appreciates the valuable time and resources small businesses expend on calculating the amount of credit based upon a statutory formula. For the purpose of tax simplification, it is the intent of this act to direct the department of revenue to create a schedule, in standard increments, to replace required calculations for the small business credit. Each taxpayer can make reference to the taxpayer's tax range on the schedule and find the amount of the taxpayer's small business credit. Further, no taxpayer will owe a greater amount of tax nor will any taxpayer be responsible for a greater amount of taxes otherwise due. Sec. 2. RCW 82.04.4451 and 1994 sp.s. c 2 s 1 are each amended to read as follows: (1) In computing the tax imposed under this chapter, a credit is allowed against the amount of tax otherwise due under this chapter, as provided in this section. The maximum credit for a taxpayer for a reporting period is thirty-five dollars multiplied by the number of months in the reporting period, as determined under RCW 82.32.045. (2) When the amount of tax otherwise due under this chapter is equal to or less than the maximum credit, a credit is allowed equal to the amount of tax otherwise due under this chapter. (3) When the amount of tax otherwise due under this chapter exceeds the maximum credit, a reduced credit is allowed equal to twice the maximum credit, minus the tax otherwise due under this chapter, but not less than zero. (4) The department may prepare a tax credit table consisting of tax ranges using increments of no more than five dollars and a corresponding tax credit to be applied to those tax ranges. The table shall be prepared in such a manner that no taxpayer will owe a greater amount of tax by using the table than would be owed by performing the calculation under subsections (1) through (3) of this section. A table prepared by the department under this subsection shall be used by all taxpayers in taking the credit provided in this section." On motion of Senator West, the following title amendment was adopted:
On page 1, line 2 of the title, after "credit;" strike the remainder of the title and insert "amending RCW 82.04.4451; and creating a new section."
MOTION
On motion of Senator West, the rules were suspended, Substitute House Bill No. 1261, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1261, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1261, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Hargrove - 1. Excused: Senator Benton - 1. SUBSTITUTE HOUSE BILL NO. 1261, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6068, by Senators West, Spanel and Oke (by request of Secretary of State Munro)
Enhancing legal advertising of state measures.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6068 was substituted for Senate Bill No. 6068 and the substitute bill was placed on second reading and read the second time.
Senator Spanel moved that the following amendment by Senators Spanel, Fraser, Haugen and McCaslin be adopted:
Beginning on page 1, line 15, after "advertisements." strike all material through "repealed." on page 2, line 2 and insert the following: "Sec. 2. RCW 29.27.074 and 1967 c 96 s 2 are each amended to read as follows: The newspaper and broadcast notice ((provided for in)) required by Article XXIII, section 1, of the state Constitution and RCW 29.27.072 ((shall)) may set forth all or some of the following information: (1) A legal identification of the state measure to be voted upon. (2) The official ballot title of such state measure. (3) A brief statement explaining the constitutional provision or state law as it presently exists. (4) A brief statement explaining the effect of the state measure should it be approved. (5) The total number of votes cast for and against the measure in both the state senate and house of representatives. No individual candidate or incumbent public official may be referred to or identified in these notices or advertisements." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Spanel, Fraser, Haugen and McCaslin beginning on page 1, line 15, to Substitute Senate Bill No. 6068.
The motion by Senator Spanel carried and the amendment was adopted.
MOTIONS
On motion of Senator West, the following title amendments were considered simultaneously and were adopted:
On line 1 of the title, after "measures;" insert "and" On line 2 of the title, after "29.27.072" strike "; and repealing RCW" and insert "and" On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 6068 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6068.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6068 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senator Sellar - 1. Absent: Senator Hargrove - 1. Excused: Senator Benton - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6068, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Hargrove was excused.
,
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1791, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mastin, Chandler, Linville, Grant, Clements, Mulliken, Koster, Boldt and Schoesler)
Exempting activities conducted for an agricultural commodity commission or board from business and occupation tax.
The bill was read the second time.
MOTIONS
On motion of Senator Morton, the following Committee on Agriculture and Environment amendment was adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 82.04 RCW to read as follows: (1) This chapter does not apply to any nonprofit organization in respect to amounts received from an agricultural commodity commission or agricultural commodity board created by state statute or a commission or board created under chapter 15.24, 15.26, 15.28, 15.44, 15.65, 15.66, 15.88, or 16.67 RCW. (2) As used in this section, "nonprofit organization" means an organization that: Is exempt from federal income tax under 26 U.S.C. Section 501(c)(3), 501(c)(5), 501(c)(6), or 521; and has the same objectives for which the agricultural commodity commission or agricultural commodity board was formed." On motion of Senator Morton, the following title amendment was adopted:
On page 1, line 2 of the title, after "board;" strike the remainder of the title and insert "and adding a new section to chapter 82.04 RCW."
MOTION
On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 1791, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1791, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1791, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senator Fairley - 1. Excused: Senators Benton and Hargrove - 2. SUBSTITUTE HOUSE BILL NO. 1791, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Fairley was excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2193, by House Committee on Higher Education (originally sponsored by Representatives Carlson, D. Sommers, Gombosky, Benson and Mielke) (by request of Joint Center for Higher Education)
Allowing the joint center for higher education transportation fees and excluding higher education and the joint center for higher education from the state agency parking account.
The bill was read the second time.
MOTIONS
On motion of Senator Wood, the following Committee on Higher Education amendment was adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 28B.25 RCW to read as follows: (1) The joint center board may: (a) Adopt rules governing pedestrian traffic and vehicular traffic and parking upon lands and facilities of the center; (b) Establish, collect, and retain parking fees for faculty, staff, students, and visitors using the Riverpoint higher education parking facility; (c) Adjudicate matters involving parking infractions internally; and (d) Collect and retain any penalties for parking infractions. (2) If the rules adopted under subsection (1) of this section provide for internal adjudication of parking infractions, a person charged with a parking infraction who deems himself or herself aggrieved by the final decision in an internal adjudication may, within ten days after written notice of the final decision, appeal by filing a written notice thereof with the joint center board. Documents relating to the appeal shall immediately be forwarded to the district court in the county in which the offense was committed, which court shall have jurisdiction over such offense and such appeal shall be heard de novo. (3) Any funds collected under this section shall be used for the joint center's parking program. Sec. 2. RCW 28B.130.020 and 1993 c 447 s 3 are each amended to read as follows: (1) The governing board of an institution of higher education as defined in RCW 28B.10.016 may impose either a voluntary or a mandatory transportation fee on employees and on students at the institution. The board of the joint center for higher education under chapter 28B.25 RCW may impose either a voluntary or a mandatory transportation fee on faculty and staff working at the Riverpoint higher education park and on students attending classes there. The transportation fee shall be used solely to fund transportation demand management programs that reduce the demand for campus and neighborhood parking, and promote alternatives to single-occupant vehicle driving. If the board charges a mandatory transportation fee to students, it shall charge a mandatory transportation fee to employees. The transportation fee for employees may exceed, but shall not be lower than the transportation fee charged to students. The transportation fee for employees may be deducted from the employees' paychecks. The transportation fee for students may be imposed annually, or each academic term. For students attending community colleges and technical colleges, the mandatory transportation fee shall not exceed sixty percent of the maximum rate permitted for services and activities fees at community colleges, unless, through a vote, a majority of students consent to increase the transportation fee. For students attending four-year institutions of higher education or classes at the Riverpoint higher education park, the mandatory transportation fee shall not exceed thirty-five percent of the maximum rate permitted for services and activities fees at the institution where the student is enrolled unless, through a vote, a majority of students consents to increase the transportation fee. The board may make a limited number of exceptions to the fee based on a policy adopted by the board. (2) The board of the joint center for higher education under chapter 28B.25 RCW shall not impose a transportation fee on any student who is already paying a transportation fee to the institution of higher education in which the student is enrolled. Sec. 3. RCW 43.01.236 and 1995 c 215 s 5 are each amended to read as follows: All institutions of higher education as defined under RCW 28B.10.016 and the joint center for higher education under chapter 28B.25 RCW are exempt from the requirements under RCW ((43.01.225)) 43.01.240." On motion of Senator Wood, the following title amendment was adopted:
On page 1, line 2 of the title, after "fees;" strike the remainder of the title and insert "amending RCW 28B.130.020 and 43.01.236; and adding a new section to chapter 28B.25 RCW." MOTION
On motion of Senator Wood, the rules were suspended, Engrossed Substitute House Bill No. 2193, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2193, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2193, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Benton, Fairley and Hargrove - 3. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2193, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1607, by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Thompson, Dyer, Sheldon, Boldt, Honeyford, Lisk, Clements, Mulliken and Mielke)
Providing for industrial insurance self-insurers to determine benefits for permanent disability.
The bill was read the second time.
MOTION
Senator Heavey moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 38, after "before" strike "July 1, 1997" and insert "August 1, 1997" On page 3, line 38, after "before" strike "July 1, 1997" and insert "August 1, 1997" On page 4, beginning on line 20, after "after" strike "June 30, 1997" and insert "July 31, 1997" On page 6, after line 9, strike all of section 3 Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Heavey on page 2, line 38; page 3, line 38; page 4, beginning on line 20; and page 6, after line 9; to Substitute House Bill No. 1607.
The motion by Senator Heavey carried and the amendments were adopted.
MOTION
Senator Fraser moved that the following amendments by Senators Fraser, Heavey, Franklin and Swanson be considered simultaneously and be adopted:
On page 4, line 33, after "subject to" insert "(b) of this subsection and to" On page 4, line 36, after "(b)" insert "If an independent medical examiner or panel selected by the self-insurer determines that a worker's condition is fixed and stable and the worker's attending or treating physician disagrees in writing with that determination within thirty days of the physician's receipt of the report by the examiner or panel, the self-insurer may not close the worker's claim but must forward the claim to the department within ten days after receipt of the attending or treating physician's written response. The department must review the claim and enter a determinative order as provided for in RCW 51.52.050. (c)" On page 5, line 12, strike "(c)" and insert "(d)" Debate ensued.
Senator Sheldon demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Fraser, Heavey, Franklin and Swanson on page 4, lines 33 and 36, and page 5, line 12, to Substitute House Bill No. 1607.
MOTION
The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23. Voting nay: Senators Anderson, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25. Excused: Senator Benton - 1.
MOTION
Senator Heavey moved that the following amendments by Senators Heavey, Schow, Prentice and Anderson be considered simultaneously and be adopted:
On page 4, line 36, after "(b)" insert "If a physician submits a report to the self-insurer that concludes that the worker's condition is fixed and stable and supports payment of a permanent partial disability award, and if within fourteen days from the date the self-insurer mailed the report to the attending or treating physician, the worker's attending or treating physician disagrees in writing that the worker's condition is fixed and stable, the self-insurer must get a supplemental medical opinion from a provider on the department's approved examiner's list before closing the claim. In the alternative, the self-insurer may forward the claim to the department, which must review the claim and enter a final order as provided for in RCW 51.52.050. (c)" On page 5, line 12, strike "(c)" and insert "(d)" Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Heavey, Schow, Prentice and Anderson on page 4, line 36, and page 5, line 12, to Substitute House Bill No. 1607.
The motion by Senator Heavey carried and the amendments were adopted.
MOTIONS
On motion of Senator Anderson, the following title amendment was adopted:
On page 1, line 2 of the title, after "self-insurers;" strike the remainder of the title and insert "amending RCW 51.32.055; and creating a new section." On motion of Senator Anderson, the rules were suspended, Substitute House Bill No. 1607, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1607, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1607, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Deccio, Finkbeiner, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 27. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 21. Excused: Senator Benton - 1. SUBSTITUTE HOUSE BILL NO. 1607, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 5:40 p.m., on motion of Senator Johnson, the Senate recessed until 6:30 p.m.
The Senate was called to order at 6:30 p.m. by President Owen.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2189, by House Committee on Trade and Economic Development (originally sponsored by Representatives McDonald, Van Luven, Veloria and Cooke)
Creating a task force to study alternative financing techniques for the development and renovation of low-income senior housing developments.
The bill was read the second time.
MOTIONS
On motion of Senator Winsley, the following Committee on Financial Institutions, Insurance and Housing amendment was adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds that the availability of safe and affordable housing is vital to low-income senior citizens and persons with disabilities. The legislature further finds that the availability of low-cost financing is necessary for the development or preservation of housing for seniors and persons with disabilities. The legislature further finds that many existing housing developments for seniors and persons with disabilities are in need of renovation. The legislature further finds that there is a need to explore alternative financing techniques to cover the cost of development or renovation of housing for seniors and persons with disabilities. It is the intent of the legislature to create the task force on financing housing for seniors and persons with disabilities to explore alternative financing techniques for the development and renovation of housing developments in Washington for low-income seniors and persons with disabilities. NEW SECTION. Sec. 2. (1) There is created the task force on financing senior housing and housing for persons with disabilities to consist of thirteen members. The task force consists of the following members: (a) The director of the department of community, trade, and economic development or the director's designee, who serves as an ex officio member and as chair; (b) The executive director of the Washington state investment board or the director's designee, who serves as an ex officio member; (c) The executive director of the Washington state housing finance commission or the director's designee, who serves as an ex officio member; (d) Four representatives from organizations involved in the management of senior housing developments, one of which must be from an organization involved in the ownership of senior housing developments; (e) Three representatives from financial institutions involved in financing senior housing developments, one of which must be from an investment and banking firm involved in financing federally insured senior housing developments; (f) One representative from a mobile home owners association that represents seniors; (g) One representative from a mobile home park owners association; and (h) One representative from a public housing authority. (2) The director of the department of community, trade, and economic development shall appoint all nonex officio members to the task force on financing senior housing and housing for persons with disabilities. The vice-chair of the task force is selected by majority vote of the task force members. The members of the task force on financing senior housing and housing for persons with disabilities serve without compensation. (3) The department of community, trade, and economic development, the Washington state investment board, and the Washington state housing finance commission shall supply such information and assistance as is necessary for the task force on financing senior housing and housing for persons with disabilities to carry out its duties under section 3 of this act. (4) The department of community, trade, and economic development, the Washington state investment board, and the Washington state housing finance commission shall provide administrative and clerical assistance to the task force on financing senior housing and housing for persons with disabilities. NEW SECTION. Sec. 3. The task force on financing senior housing and housing for persons with disabilities shall: (1) Review financing needs for housing for low-income seniors and persons with disabilities in the state of Washington; (2) Review existing federal and state programs and incentives designed to assist in the construction of new facilities or renovation of existing housing facilities for seniors and persons with disabilities; (3) Review programs and techniques designed to assist in the construction of new facilities or renovation of existing housing facilities for seniors and persons with disabilities in other states and countries; (4) Make recommendations on possible financing techniques that could be developed at the state level to assist in meeting financing needs for construction of new facilities or renovation of existing housing facilities for seniors and persons with disabilities; (5) By December 15, 1997, prepare and submit to the house of representatives committee on trade and economic development, and the senate committee on financial institutions, insurance and housing, a report detailing its findings and recommendations regarding financing techniques designed to assist in the construction of new facilities or renovation of existing housing facilities for seniors and persons with disabilities. NEW SECTION. Sec. 4. This act expires February 1, 1998." On motion of Senator Winsley, the following title amendment was adopted:
On page 1, line 1 of the title, after "housing;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."
MOTION
On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 2189, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTIONS
On motion of Senator Goings, Senators Loveland and McAuliffe were excused.
On motion of Senator Hale, Senator Schow was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2189, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2189, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42. Absent: Senators Horn, McDonald and Prince - 3. Excused: Senators Benton, Loveland, McAuliffe and Schow - 4. SUBSTITUTE HOUSE BILL NO. 2189, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1110, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, McMorris, Koster, Delvin, Mulliken, Schoesler and Honeyford)
Altering a moratorium on new appropriations of Columbia river waters.
The bill was read the second time.
MOTION
Senator Morton moved that the following Committee on Agriculture and Environment amendment not be adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 90.03 RCW to read as follows: (1) Nothing in this title authorizes the department of ecology to withdraw Columbia river waters from further appropriation based upon uncertainty as to whether sufficient waters would be available, following new appropriations, to satisfy the needs of any unquantified or speculative future instream uses of the waters of this river. (2) WAC 173-563-015 as it existed prior to the effective date of this section is in conflict with subsection (1) of this section and is void. NEW SECTION. Sec. 2. A new section is added to chapter 43.21A RCW to read as follows: (1) The department of ecology shall not withdraw Columbia river waters from further appropriation based upon uncertainty as to whether sufficient waters would be available, following new appropriations, to satisfy the needs of any unquantified or speculative future instream uses of the waters of this river. (2) WAC 173-563-015 as it existed prior to the effective date of this section is in conflict with subsection (1) of this section and is void. NEW SECTION. Sec. 3. A new section is added to chapter 43.27A RCW to read as follows: (1) The department of ecology shall not withdraw Columbia river waters from further appropriation based upon uncertainty as to whether sufficient waters would be available, following new appropriations, to satisfy the needs of any unquantified or speculative future instream uses of the waters of this river. (2) WAC 173-563-015 as it existed prior to the effective date of this section is in conflict with subsection (1) of this section and is void." Debate ensued.
The President declared the question before the Senate to be the motion by Senator Morton to not adopt the Committee on Agriculture and Environment striking amendment to Engrossed Substitute House Bill No. 1110.
The motion by Senator Morton carried and the committee striking amendment was not adopted.
MOTIONS
On motion of Senator Morton, the following amendment by Senators Morton and Fraser was adopted:
Strike everything after the enacting clause and insert the following: “NEW SECTION. Sec. 1. WAC 173-563-015 as it existed prior to the effective date of this section is void. Sec. 2. RCW 90.54.050 and 1988 c 47 s 7 are each amended to read as follows: In conjunction with the programs provided for in RCW 90.54.040(1), whenever it appears necessary to the director in carrying out the policy of this chapter, the department may by rule adopted pursuant to chapter 34.05 RCW: (1) Reserve and set aside waters for beneficial utilization in the future, and (2) When sufficient information and data are lacking to allow for the making of sound decisions, withdraw various waters of the state from additional appropriations until such data and information are available. Before proposing the adoption of rules to withdraw waters of the state from additional appropriation, the department shall consult with the standing committees of the house of representatives and the senate having jurisdiction over water resource management issues. Prior to the adoption of a rule under this section, the department shall conduct a public hearing in each county in which waters relating to the rule are located. The public hearing shall be preceded by a notice placed in a newspaper of general circulation published within each of said counties. Rules adopted hereunder shall be subject to review in accordance with the provisions of RCW ((34.05.538 or)) 34.05.240. ((No new rules or changes to existing rules to reserve or set aside water may be adopted pursuant to this section, as provided in RCW 90.54.022(5).))" On motion of Senator Morton, the following title amendment was adopted:
On page 1, line 1 of the title, after "resources;" strike the remainder of the title and insert "amending RCW 90.54.050; and creating a new section."
MOTION
On motion of Senator Morton, the rules were suspended, Engrossed Substitute House Bill No. 1110, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1110, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1110, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Benton and Schow - 2. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1110, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1388, by Representatives Conway, Ballasiotes, Sullivan, Dickerson, Cairnes, Quall, Robertson, Wood, Blalock, O'Brien, Scott, Wensman, Cooper, Costa and Ogden
Requiring that private organizations that contract with the department to operate work release facilities go through the siting process.
The bill was read the second time.
MOTIONS
On motion of Senator Long, the following Committee on Human Services and Corrections amendment was adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 72.65.220 and 1994 c 271 s 1001 are each amended to read as follows: (1) The department may establish, relocate, or contract for the operation of a work release or other community-based facility only after public notifications and local public meetings have been completed consistent with this section. (2) The department and other state agencies ((that have responsibility)) responsible for siting ((the department's)) department-owned or operated facilities shall establish a process for early and continuous public participation in establishing or relocating work release or other community-based facilities. This process shall include public meetings in the local communities affected, opportunities for written and oral comments, and wide dissemination of proposals and alternatives((. (2) The department may establish or relocate a work release or other community-based facility only after holding local public meetings and providing public notification to local communities consistent with this chapter. (3))), including at least the following: (a) When the department has selected three or fewer sites for final consideration ((for site selection)) of a department-owned or operated work release or other community-based facility, the department shall make public notification ((shall be given)) and conduct public hearings ((shall be held)) in the ((final three or fewer)) local communities ((where the siting is proposed)) of the final three or fewer proposed sites. ((Additional notification and a)) An additional public hearing after public notification shall also be conducted in the local community selected as the final proposed site((, prior to completion of the siting process. All hearings and notifications shall be consistent with this chapter)). (((4) Throughout this process the department shall provide notification to)) (b) Notifications required under this section shall be provided to the following: (i) All newspapers of general circulation in the local area and all local radio stations, television stations, and cable networks((.)); (((5) Notice shall also be provided to)) (ii) Appropriate school districts, private schools, kindergartens, city and county libraries, and all other local government offices within a one-half mile radius of the proposed ((facility.)) site or sites; (((6) In addition, the department shall also provide notice to)) (iii) The local chamber of commerce, local economic development agencies, and any other local organizations that request such notification from the department((.)); and (((7) Notification in writing shall be provided to)) (iv) In writing to all residents and/or property owners within a one-half mile radius of the proposed site or sites. (3) When the department contracts for the operation of a work release or other community-based facility that is not owned by the department, the department shall require as part of its contract that the contracting entity comply with the same public notification and public hearing requirements as provided in this section." On motion of Senator Long, the following title amendment was adopted:
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "and amending RCW 72.65.220."
MOTION
On motion of Senator Long, the rules were suspended, House Bill No. 1388, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1388, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1388, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Benton and Schow - 2. HOUSE BILL NO. 1388, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1903, by House Committee on Commerce and Labor (originally sponsored by Representatives Cairnes, Linville, Conway, Honeyford, Hatfield, Clements, Kenney, Blalock, Cody, Cole, Gardner, Cooke and Tokuda)
Regulating the registration of contractors.
The bill was read the second time.
MOTIONS
On motion of Senator Horn, the following Committee on Commerce and Labor amendment was adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 18.27 RCW to read as follows: This chapter shall be strictly enforced. Therefore, the doctrine of substantial compliance shall not be used by the department in the application and construction of this chapter. Anyone engaged in the activities of a contractor is presumed to know the requirements of this chapter. Sec. 2. RCW 18.27.010 and 1993 c 454 s 2 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Contractor" means any person, firm, or corporation who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish, for another, any building, highway, road, railroad, excavation or other structure, project, development, or improvement attached to real estate or to do any part thereof including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works in connection therewith or who installs or repairs roofing or siding; or, who, to do similar work upon his or her own property, employs members of more than one trade upon a single job or project or under a single building permit except as otherwise provided herein. "Contractor" includes any person, firm, or corporation covered by this subsection, whether or not registered as required under this chapter. (2) "General contractor" means a contractor whose business operations require the use of more than two unrelated building trades or crafts whose work the contractor shall superintend or do in whole or in part. "General contractor" shall not include an individual who does all work personally without employees or other "specialty contractors" as defined ((herein)) in this section. The terms "general contractor" and "builder" are synonymous. (3) "Specialty contractor" means a contractor whose operations ((as such)) do not fall within the foregoing definition of "general contractor". (4) "Unregistered contractor" means a person, firm, or corporation doing work as a contractor without being registered in compliance with this chapter. "Unregistered contractor" includes contractors whose registration is expired for more than thirty days beyond the renewal date or has been suspended. (5) "Department" means the department of labor and industries. (((5))) (6) "Director" means the director of the department of labor and industries. (((6))) (7) "Verification" means the receipt and duplication by the city, town, or county of a contractor registration card that is current on its face, checking the department's contractor registration data base, or calling the department to confirm that the contractor is registered. Sec. 3. RCW 18.27.020 and 1993 c 454 s 6 are each amended to read as follows: (1) Every contractor shall register with the department. (2) It is a misdemeanor for any contractor to: (a) Advertise, offer to do work, submit a bid, or perform any work as a contractor without being registered as required by this chapter; (b) Advertise, offer to do work, submit a bid, or perform any work as a contractor when the contractor's registration is suspended or revoked; (c) Use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required; or (d) Transfer a valid registration to an unregistered contractor or allow an unregistered contractor to work under a registration issued to another contractor. (3) It is not unlawful for a general contractor to employ an unregistered contractor who was registered at the time he or she entered into a contract with the general contractor, unless the general contractor or his or her representative has been notified in writing by the department of labor and industries that the contractor has become unregistered. (4) All misdemeanor actions under this chapter shall be prosecuted in the county where the infraction occurs. (5) A person is guilty of a separate misdemeanor for each day worked if, after the person receives a citation from the department, the person works while unregistered, or while his or her registration is suspended or revoked, or works under a registration issued to another contractor. A person is guilty of a separate misdemeanor for each worksite on which he or she violates subsection (2) of this section. Nothing in this subsection applies to a registered contractor. (6) The director by rule shall establish a two-year audit and monitoring program for a contractor not registered under this chapter who becomes registered after receiving an infraction or conviction under this chapter as an unregistered contractor. The director shall notify the departments of revenue and employment security of the infractions or convictions and shall cooperate with these departments to determine whether any taxes or registration, license, or other fees or penalties are owed the state. Sec. 4. RCW 18.27.030 and 1996 c 147 s 1 are each amended to read as follows: (1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant: (a) Employer social security number. (b) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington. (c) Employment security department number. (d) State excise tax registration number. (e) Unified business identifier (UBI) account number may be substituted for the information required by (b), (c), and (d) of this subsection. (f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty. (g) The name and address of each partner if the applicant be a firm or partnership, or the name and address of the owner if the applicant be an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant be a corporation. The information contained in such application shall be a matter of public record and open to public inspection. (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(b) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington. (3) The department shall deny an application for registration ((shall be denied)) if the applicant has been previously registered as a sole proprietor, partnership, or corporation((, and was a principal or officer of the corporation,)) and ((if)) the applicant has an unsatisfied final judgment against him or her in an action based on this chapter that was incurred during a previous registration under this chapter. Sec. 5. RCW 18.27.040 and 1988 c 139 s 1 are each amended to read as follows: (1) Each applicant shall((, at the time of applying for or renewing a certificate of registration,)) file with the department a surety bond issued by a surety insurer who meets the requirements of chapter 48.28 RCW in ((a form acceptable to the department running to the state of Washington if a general contractor, in the sum of six thousand dollars; if a specialty contractor, in the sum of four thousand dollars,)) the sum of six thousand dollars if the applicant is a general contractor and four thousand dollars if the applicant is a specialty contractor. If no valid bond is already on file with the department at the time the application is filed, a bond must accompany the registration application. The bond shall have the state of Washington named as obligee with good and sufficient surety in a form to be approved by the department. The bond shall be continuous and may be canceled by the surety upon the surety giving written notice to the director of its intent to cancel the bond. A cancellation or revocation of the bond or withdrawal of the surety from the bond suspends the registration issued to the registrant until a new bond or reinstatement notice has been filed and approved as provided in this section. The bond shall be conditioned that the applicant will pay all persons performing labor, including employee benefits, for the contractor, will pay all taxes and contributions due to the state of Washington, and will pay all persons furnishing labor or material or renting or supplying equipment to the contractor and will pay all amounts that may be adjudged against the contractor by reason of ((negligent or improper work or)) breach of contract including negligent or improper work in the conduct of the contracting business. A change in the name of a business or a change in the type of business entity shall not impair a bond for the purposes of this section so long as one of the original applicants for such bond maintains partial ownership in the business covered by the bond. (2) Any contractor registered as of ((the effective date of this 1983 act)) July 1, 1997, who maintains such registration in accordance with this chapter shall be in compliance with this chapter until the next annual renewal of the contractor's certificate of registration. At that time, the contractor shall provide a bond, cash deposit, or other security deposit as required by this chapter and comply with all of the other provisions of this chapter before the department shall renew the contractor's certificate of registration. (3) Any person, firm, or corporation having a claim against the contractor for any of the items referred to in this section may bring suit upon ((such)) the bond or deposit in the superior court of the county in which the work was done or of any county in which jurisdiction of the contractor may be had. The surety issuing the bond shall be named as a party to any suit upon the bond. Action upon ((such)) the bond or deposit shall be commenced by filing the summons and complaint with the clerk of the appropriate superior court within one year from the date of expiration of the certificate of registration in force at the time the claimed labor was performed and benefits accrued, taxes and contributions owing the state of Washington became due, materials and equipment were furnished, or the claimed contract work was completed or abandoned. Service of process in an action against the contractor, the contractor's bond, or the deposit shall be exclusively by service upon the department. Three copies of the summons and complaint and a fee of ten dollars to cover the handling costs shall be served by registered or certified mail upon the department at the time suit is started and the department shall maintain a record, available for public inspection, of all suits so commenced. Service is not complete until the department receives the ten-dollar fee and three copies of the summons and complaint. ((Such)) The service shall constitute service on the registrant and the surety for suit upon the bond or deposit and the department shall transmit the summons and complaint or a copy thereof to the registrant at the address listed in ((his)) the registrant's application and to the surety within forty-eight hours after it shall have been received. (4) The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond nor for any monetary penalty assessed pursuant to this chapter for an infraction. The liability of the surety shall not cumulate where the bond has been renewed, continued, reinstated, reissued or otherwise extended. The surety upon the bond may, upon notice to the department and the parties, tender to the clerk of the court having jurisdiction of the action an amount equal to the claims thereunder or the amount of the bond less the amount of judgments, if any, previously satisfied therefrom and to the extent of such tender the surety upon the bond shall be exonerated but if the actions commenced and pending at any one time exceed the amount of the bond then unimpaired, claims shall be satisfied from the bond in the following order: (a) Employee labor and claims of laborers, including employee benefits; (b) Claims for breach of contract by a party to the construction contract; (c) Subcontractors, material, and equipment; (d) Taxes and contributions due the state of Washington; (e) Any court costs, interest, and attorney's fees plaintiff may be entitled to recover. The surety is not liable for any amount in excess of the penal limit of its bond. A payment made by the surety in good faith exonerates the bond to the extent of any payment made by the surety. (5) ((In the event that any)) If a final judgment ((shall)) impairs the liability of the surety upon the bond so furnished that there shall not be in effect a bond undertaking in the full amount prescribed in this section, the department shall suspend the registration of ((such)) the contractor until the bond liability in the required amount unimpaired by unsatisfied judgment claims ((shall have been)) is furnished. If ((such)) the bond becomes fully impaired, a new bond must be furnished at the ((increased)) rates prescribed by this section ((as now or hereafter amended)). (6) In lieu of the surety bond required by this section the contractor may file with the department a deposit consisting of cash or other security acceptable to the department. (7) Any person having filed and served a summons and complaint as required by this section having an unsatisfied final judgment against the registrant for any items referred to in this section may execute upon the security held by the department by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the department within one year of the date of entry of such judgment. Upon the receipt of service of such certified copy the department shall pay or order paid from the deposit, through the registry of the superior court which rendered judgment, towards the amount of the unsatisfied judgment. The priority of payment by the department shall be the order of receipt by the department, but the department shall have no liability for payment in excess of the amount of the deposit. (8) The director may ((promulgate)) adopt rules necessary for the proper administration of the security. Sec. 6. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows: (1) A certificate of registration shall be valid for one year and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter. (2) If the department approves an application, it shall issue a certificate of registration to the applicant. The certificate shall be valid for: (a) One year; (b) Until the bond expires; or (c) Until the insurance expires, whichever comes first. The department shall place the expiration date on the certificate. (3) A contractor may supply a short-term bond or insurance policy to bring its registration period to the full one year. (4) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall ((give)) mail notice of the suspension to the ((contractor)) contractor's address on the certificate of registration by certified and by first class mail within forty-eight hours after suspension. (5) Renewal of registration is valid on the date the department receives the required fee and proof of bond and liability insurance, if sent by certified mail or other means requiring proof of delivery. The receipt or proof of delivery shall serve as the contractor's proof of renewed registration until he or she receives verification from the department. Sec. 7. RCW 18.27.070 and 1983 c 74 s 1 are each amended to read as follows: The department shall charge fees for issuance, renewal, and reinstatement of certificates of registration; and changes of name, address, or business structure. The department shall set the fees by rule. The ((fees shall)) entire amount of the fees are to be used solely to cover the full cost of issuing certificates, filing papers and notices, and administering and enforcing this chapter. The costs shall include reproduction, travel, per diem, and administrative and legal support costs. Sec. 8. RCW 18.27.090 and 1987 c 313 s 1 are each amended to read as follows: This chapter ((shall)) does not apply to: (1) An authorized representative of the United States government, the state of Washington, or any incorporated city, town, county, township, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state; (2) Officers of a court when they are acting within the scope of their office; (3) Public utilities operating under the regulations of the utilities and transportation commission in construction, maintenance, or development work incidental to their own business; (4) Any construction, repair, or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning, or other operation of any petroleum or gas well or any surface or underground mine or mineral deposit when performed by an owner or lessee; (5) The sale or installation of any finished products, materials, or articles of merchandise which are not actually fabricated into and do not become a permanent fixed part of a structure; (6) Any construction, alteration, improvement, or repair of personal property, except this chapter shall apply to all mobile/manufactured housing. A mobile/manufactured home may be installed, set up, or repaired by the registered or legal owner, by a contractor ((licensed)) registered under this chapter, or by a mobile/manufactured home retail dealer or manufacturer licensed under chapter 46.70 RCW who shall warranty service and repairs under chapter 46.70 RCW; (7) Any construction, alteration, improvement, or repair carried on within the limits and boundaries of any site or reservation under the legal jurisdiction of the federal government; (8) Any person who only furnished materials, supplies, or equipment without fabricating them into, or consuming them in the performance of, the work of the contractor; (9) Any work or operation on one undertaking or project by one or more contracts, the aggregate contract price of which for labor and materials and all other items is less than five hundred dollars, such work or operations being considered as of a casual, minor, or inconsequential nature. The exemption prescribed in this subsection does not apply in any instance wherein the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made into contracts of amounts less than five hundred dollars for the purpose of evasion of this chapter or otherwise. The exemption prescribed in this subsection does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that he or she is a contractor, or that he or she is qualified to engage in the business of contractor; (10) Any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts or reclamation districts; or to farming, dairying, agriculture, viticulture, horticulture, or stock or poultry raising; or to clearing or other work upon land in rural districts for fire prevention purposes; except when any of the above work is performed by a registered contractor; (11) An owner who contracts for a project with a registered contractor; (12) Any person working on his or her own property, whether occupied by him or her or not, and any person working on his or her personal residence, whether owned by him or her or not but this exemption shall not apply to any person otherwise covered by this chapter who constructs an improvement on his or her own property with the intention and for the purpose of selling the improved property; (13) Owners of commercial properties who use their own employees to do maintenance, repair, and alteration work in or upon their own properties; (14) A licensed architect or civil or professional engineer acting solely in his or her professional capacity, an electrician licensed under the laws of the state of Washington, or a plumber licensed under the laws of the state of Washington or licensed by a political subdivision of the state of Washington while operating within the boundaries of such political subdivision. The exemption provided in this subsection is applicable only when the licensee is operating within the scope of his or her license; (15) Any person who engages in the activities herein regulated as an employee of a registered contractor with wages as his or her sole compensation or as an employee with wages as his or her sole compensation; (16) Contractors on highway projects who have been prequalified as required by ((chapter 13 of the Laws of 1961,)) RCW 47.28.070, with the department of transportation to perform highway construction, reconstruction, or maintenance work. Sec. 9. RCW 18.27.100 and 1996 c 147 s 2 are each amended to read as follows: (1) Except as provided in RCW 18.27.065 for partnerships and joint ventures, no person who has registered under one name as provided in this chapter shall engage in the business, or act in the capacity, of a contractor under any other name unless such name also is registered under this chapter. (2) All advertising and all contracts, correspondence, cards, signs, posters, papers, and documents which show a contractor's name or address shall show the contractor's name or address as registered under this chapter. (3)(a) All advertising that shows the contractor's name or address shall show the contractor's current registration number. The registration number may be omitted in an alphabetized listing of registered contractors stating only the name, address, and telephone number: PROVIDED, That signs on motor vehicles subject to RCW 46.16.010 and on-premise signs shall not constitute advertising as provided in this section. All materials used to directly solicit business from retail customers who are not businesses shall show the contractor's current registration number. A contractor shall not use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required. Advertising by airwave transmission shall not be subject to this subsection ((if the person selling the advertisement obtains the contractor's current registration number from the contractor)) (3)(a). (b) The director may issue a subpoena to any person or entity selling any advertising subject to this section for the name, address, and telephone number provided to the seller of the advertising by the purchaser of the advertising. The subpoena must have enclosed a stamped, self-addressed envelope and blank form to be filled out by the seller of the advertising. If the seller of the advertising has the information on file, the seller shall, within a reasonable time, return the completed form to the department. The subpoena must be issued before forty-eight hours after the expiration of the issue or publication containing the advertising or after the broadcast of the advertising. The good-faith compliance by a seller of advertising with a written request of the department for information concerning the purchaser of advertising shall constitute a complete defense to any civil or criminal action brought against the seller of advertising arising from such compliance. Advertising by airwave or electronic transmission is subject to this subsection (3)(b). (4) No contractor shall advertise that he or she is bonded and insured because of the bond required to be filed and sufficiency of insurance as provided in this chapter. (5) A contractor shall not falsify a registration number and use it, or use an expired registration number, in connection with any solicitation or identification as a contractor. All individual contractors and all partners, associates, agents, salesmen, solicitors, officers, and employees of contractors shall use their true names and addresses at all times while engaged in the business or capacity of a contractor or activities related thereto. (6) Any advertising by a person, firm, or corporation soliciting work as a contractor when that person, firm, or corporation is not registered pursuant to this chapter is a violation of this chapter. (7)(a) The finding of a violation of this section by the director at a hearing held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, shall subject the person committing the violation to a penalty of not more than five thousand dollars as determined by the director. (b) Penalties under this section shall not apply to a violation determined to be an inadvertent error. Sec. 10. RCW 18.27.104 and 1989 c 175 s 61 are each amended to read as follows: (1) If, upon investigation, the director or the director's designee has probable cause to believe that a person holding a registration, an applicant for registration, or ((an unregistered)) a person acting in the capacity of a contractor who is not otherwise exempted from this chapter, has violated RCW 18.27.100 by unlawfully advertising for work covered by this chapter ((in an alphabetical or classified directory)), the department may issue a citation containing an order of correction. Such order shall require the violator to cease the unlawful advertising. (2) If the person to whom a citation is issued under subsection (1) of this section notifies the department in writing that he or she contests the citation, the department shall afford an opportunity for an adjudicative proceeding under chapter 34.05 RCW((, the Administrative Procedure Act,)) within thirty days after receiving the notification. Sec. 11. RCW 18.27.110 and 1993 c 454 s 5 are each amended to read as follows: (1) No city, town or county shall issue a construction building permit for work which is to be done by any contractor required to be registered under this chapter without verification that such contractor is currently registered as required by law. When such verification is made, nothing contained in this section is intended to be, nor shall be construed to create, or form the basis for any liability under this chapter on the part of any city, town or county, or its officers, employees or agents. However, failure to verify the contractor registration number results in liability to the city, town, or county to a penalty to be imposed according to RCW 18.27.100(((6))) (7)(a). (2) At the time of issuing the building permit, all cities, towns, or counties are responsible for: (a) Printing the contractor registration number on the building permit; and (b) Providing a written notice to the building permit applicant informing them of contractor registration laws and the potential risk and monetary liability to the homeowner for using an unregistered contractor. (3) If a building permit is obtained by an applicant or contractor who falsifies information to obtain an exemption provided under RCW 18.27.090, the building permit shall be forfeited. Sec. 12. RCW 18.27.114 and 1988 c 182 s 1 are each amended to read as follows: (1) ((Until July 1, 1989, any contractor agreeing to perform any contracting project: (a) For the repair, alteration, or construction of four or fewer residential units or accessory structures on such residential property when the bid or contract price totals one thousand dollars or more; or (b) for the repair, alteration, or construction of a commercial building when the bid or contract price totals one thousand dollars or more but less than sixty thousand dollars, must provide the customer with the following disclosure statement prior to starting work on the project:
"NOTICE TO CUSTOMER
This contractor is registered with the state of Washington, registration no. . . . ., as a general/specialty contractor and has posted with the state a bond or cash deposit of $6,000/$4,000 for the purpose of satisfying claims against the contractor for negligent or improper work or breach of contract in the conduct of the contractor's business. This bond or cash deposit may not be sufficient to cover a claim which might arise from the work done under your contract. If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on your job, your property may be liened to force payment. If you wish additional protection, you may request the contractor to provide you with original "lien release" documents from each supplier or subcontractor on your project. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the department of labor and industries."
(2) On and after July 1, 1989,)) Any contractor agreeing to perform any contracting project: (a) For the repair, alteration, or construction of four or fewer residential units or accessory structures on such residential property when the bid or contract price totals one thousand dollars or more; or (b) for the repair, alteration, or construction of a commercial building when the bid or contract price totals one thousand dollars or more but less than sixty thousand dollars, must provide the customer with the following disclosure statement prior to starting work on the project:
"NOTICE TO CUSTOMER
This contractor is registered with the state of Washington, registration no. . . . ., as a general/specialty contractor and has posted with the state a bond or cash deposit of $6,000/$4,000 for the purpose of satisfying claims against the contractor for negligent or improper work or breach of contract in the conduct of the contractor's business. The expiration date of this contractor's registration is . . . . . . This bond or cash deposit may not be sufficient to cover a claim which might arise from the work done under your contract. If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on your job, your property may be liened to force payment. If you wish additional protection, you may request the contractor to provide you with original "lien release" documents from each supplier or subcontractor on your project. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the department of labor and industries."
(((3) On and after July 1, 1989,)) (2) A contractor subject to this section shall notify any consumer to whom notice is required under subsection (((2))) (1) of this section if the contractor's registration has expired or is revoked or suspended by the department prior to completion or other termination of the contract with the consumer. (((4))) (3) No contractor subject to this section may bring or maintain any lien claim under chapter 60.04 RCW based on any contract to which this section applies without alleging and proving that the contractor has provided the customer with a copy of the disclosure statement as required in subsection (1) ((or (2))) of this section. (((5))) (4) This section does not apply to contracts authorized under chapter 39.04 RCW or to contractors contracting with other contractors. (((6))) (5) Failure to comply with this section shall constitute an infraction under the provisions of this chapter. (((7))) (6) The department shall produce model disclosure statements, and public service announcements detailing the information needed to assist contractors and contractors' customers to comply under this section. As necessary, the department shall periodically update these education materials. Sec. 13. RCW 18.27.117 and 1987 c 313 s 2 are each amended to read as follows: The legislature finds that setting up and siting mobile/manufactured homes must be done properly for the health, safety, and enjoyment of the occupants. Therefore, when any of the following cause a health and safety risk to the occupants of a mobile/manufactured home, or severely hinder the use and enjoyment of the mobile/manufactured home, a violation of RCW 19.86.020 shall have occurred: (1) The mobile/manufactured home has been improperly installed by a contractor ((licensed)) registered under chapter 18.27 RCW, or a mobile/manufactured dealer or manufacturer licensed under chapter 46.70 RCW; (2) A warranty given under chapter 18.27 RCW or chapter 46.70 RCW has not been fulfilled by the person or business giving the warranty; and (3) A bonding company that issues a bond under chapter 18.27 RCW or chapter 46.70 RCW does not reasonably and professionally investigate and resolve claims made by injured parties. Sec. 14. RCW 18.27.200 and 1993 c 454 s 7 are each amended to read as follows: (1) It is a violation of this chapter and an infraction for any contractor to: (a) Advertise, offer to do work, submit a bid, or perform any work as a contractor without being registered as required by this chapter; (b) Advertise, offer to do work, submit a bid, or perform any work as a contractor when the contractor's registration is suspended or revoked; or (c) Transfer a valid registration to an unregistered contractor or allow an unregistered contractor to work under a registration issued to another contractor. (2) Each day that a contractor works without being registered as required by this chapter, works while the contractor's registration is suspended or revoked, or works under a registration issued to another contractor is a separate infraction. Each worksite at which a contractor works without being registered as required by this chapter, works while the contractor's registration is suspended or revoked, or works under a registration issued to another contractor is a separate infraction. Sec. 15. RCW 18.27.230 and 1993 c 454 s 9 are each amended to read as follows: The department may issue a notice of infraction if the department reasonably believes that the contractor ((required to be registered by this chapter has failed to do so or)) has ((otherwise)) committed ((a violation under RCW 18.27.200)) an infraction under this chapter. A notice of infraction issued under this section shall be personally served on the contractor named in the notice by the department's compliance inspectors or service can be made by certified mail directed to the contractor named in the notice of infraction. If the contractor named in the notice of infraction is a firm or corporation, the notice may be personally served on any employee of the firm or corporation. If a notice of infraction is personally served upon an employee of a firm or corporation, the department shall within four days of service send a copy of the notice by certified mail to the contractor if the department is able to obtain the contractor's address. Sec. 16. RCW 18.27.270 and 1986 c 197 s 6 are each amended to read as follows: (1) A contractor who is issued a notice of infraction shall respond within twenty days of the date of issuance of the notice of infraction. (2) If the contractor named in the notice of infraction does not elect to contest the notice of infraction, then the contractor shall pay to the department, by check or money order, the amount of the penalty prescribed for the infraction. When a response which does not contest the notice of infraction is received by the department with the appropriate penalty, the department shall make the appropriate entry in its records. (3) If the contractor named in the notice of infraction elects to contest the notice of infraction, the contractor shall respond by filing an answer of protest with the department specifying the grounds of protest. (4) If any contractor issued a notice of infraction fails to respond within the prescribed response period, the contractor shall be guilty of a misdemeanor and prosecuted in the county where the infraction occurred. (5) After final determination by an administrative law judge that an infraction has been committed, a contractor who fails to pay a monetary penalty within thirty days, that is not waived, reduced, or suspended pursuant to RCW 18.27.340(2), and who fails to file an appeal pursuant to RCW 18.27.310(4), shall be guilty of a misdemeanor and be prosecuted in the county where the infraction occurred. (6) A contractor who fails to pay a monetary penalty within thirty days after exhausting appellate remedies pursuant to RCW 18.27.310(4), shall be guilty of a misdemeanor and be prosecuted in the county where the infraction occurred. (7) If a contractor who is issued a notice of infraction is a contractor who has failed to register as a contractor under this chapter, the contractor is subject to a monetary penalty per infraction as provided in the schedule of penalties established by the department, and each day the person works without becoming registered is a separate infraction. Sec. 17. RCW 18.27.340 and 1986 c 197 s 10 are each amended to read as follows: (1) Except as otherwise provided in subsection (3) of this section, a contractor found to have committed an infraction under RCW 18.27.200 shall be assessed a monetary penalty of not less than two hundred dollars and not more than ((three)) five thousand dollars. (2) ((The administrative law judge may waive, reduce, or suspend the monetary penalty imposed for the infraction only upon a showing of good cause that the penalty would be unduly burdensome to the contractor.)) The director may waive collection in favor of payment of restitution to a consumer complainant. (3) A contractor found to have committed an infraction under RCW 18.27.200 for failure to register shall be assessed a fine of not less than one thousand dollars, nor more than five thousand dollars. The director may reduce the penalty for failure to register, but in no case below five hundred dollars, if the person becomes registered within ten days of receiving a notice of infraction and the notice of infraction is for a first offense. (4) Monetary penalties collected under this chapter shall be deposited in the general fund. Sec. 18. RCW 51.12.020 and 1991 c 324 s 18 and 1991 c 246 s 4 are each reenacted and amended to read as follows: The following are the only employments which shall not be included within the mandatory coverage of this title: (1) Any person employed as a domestic servant in a private home by an employer who has less than two employees regularly employed forty or more hours a week in such employment. (2) Any person employed to do gardening, maintenance, or repair, ((remodeling, or similar work)) in or about the private home of the employer. For the purposes of this subsection, "maintenance" means the work of keeping in proper condition, "repair" means to restore to sound condition after damage, and "private home" means a person's place of residence. (3) A person whose employment is not in the course of the trade, business, or profession of his or her employer and is not in or about the private home of the employer. (4) Any person performing services in return for aid or sustenance only, received from any religious or charitable organization. (5) Sole proprietors or partners. (6) Any child under eighteen years of age employed by his or her parent or parents in agricultural activities on the family farm. (7) Jockeys while participating in or preparing horses for race meets licensed by the Washington horse racing commission pursuant to chapter 67.16 RCW. (8)(a) Except as otherwise provided in (b) of this subsection, any bona fide officer of a corporation voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation, who at all times during the period involved is also a bona fide director, and who is also a shareholder of the corporation. Only such officers who exercise substantial control in the daily management of the corporation and whose primary responsibilities do not include the performance of manual labor are included within this subsection. (b) Alternatively, a corporation that is not a "public company" as defined in RCW 23B.01.400(((19))) (20) may exempt eight or fewer bona fide officers, who are voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation and who exercise substantial control in the daily management of the corporation, from coverage under this title without regard to the officers' performance of manual labor if the exempted officer is a shareholder of the corporation, or may exempt any number of officers if all the exempted officers are related by blood within the third degree or marriage. If a corporation that is not a "public company" elects to be covered under subsection (8)(a) of this section, the corporation's election must be made on a form prescribed by the department and under such reasonable rules as the department may adopt. (c) Determinations respecting the status of persons performing services for a corporation shall be made, in part, by reference to Title 23B RCW and to compliance by the corporation with its own articles of incorporation and bylaws. For the purpose of determining coverage under this title, substance shall control over form, and mandatory coverage under this title shall extend to all workers of this state, regardless of honorary titles conferred upon those actually serving as workers. (d) A corporation may elect to cover officers who are exempted by this subsection in the manner provided by RCW 51.12.110. (9) Services rendered by a musician or entertainer under a contract with a purchaser of the services, for a specific engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not regularly and continuously employed by the purchaser. A purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis musicians or entertainers. (10) Services performed by a newspaper carrier selling or distributing newspapers on the street or from house to house. (11) Services performed by an insurance agent, insurance broker, or insurance solicitor, as defined in RCW 48.17.010, 48.17.020, and 48.17.030, respectively. (12) Services performed by a booth renter as defined in RCW 18.16.020. However, a person exempted under this subsection may elect coverage under RCW 51.32.030. NEW SECTION. Sec. 19. A new section is added to chapter 18.27 RCW to read as follows: Beginning December 1, 1997, the department shall report by December 1st each year to the commerce and labor committees of the senate and house of representatives and the ways and means committee of the senate and the appropriations committee of the house of representatives, or successor committees, the following information for the previous three fiscal years: (1) The number of contractors found to have committed an infraction for failure to register; (2) The number of contractors identified in subsection (1) of this section who were assessed a monetary penalty and the amount of the penalties assessed; (3) The amount of the penalties reported in subsection (2) of this section that was collected; and (4) The amount of the penalties reported in subsection (2) of this section that was waived." On motion of Senator Horn, the following title amendment was adopted:
On page 1, line 1 of the title, after "contractors;" strike the remainder of the title and insert "amending RCW 18.27.010, 18.27.020, 18.27.030, 18.27.040, 18.27.060, 18.27.070, 18.27.090, 18.27.100, 18.27.104, 18.27.110, 18.27.114, 18.27.117, 18.27.200, 18.27.230, 18.27.270, and 18.27.340; reenacting and amending RCW 51.12.020; adding new sections to chapter 18.27 RCW; and prescribing penalties."
MOTION
On motion of Senator Horn, the rules were suspended, Substitute House Bill No. 1903, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1903, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1903, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senator Thibaudeau - 1. Excused: Senators Benton and Schow - 2.. SUBSTITUTE HOUSE BILL NO. 1903, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1536, by House Committee on Health Care (originally sponsored by Representatives Backlund, Cody and Dyer)
Modifying regulation of respiratory care practitioners.
The bill was read the second time.
MOTIONS
On motion of Senator Deccio, the following Committee on Health and Long-Term Care amendment was adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 18.89.010 and 1987 c 415 s 1 are each amended to read as follows: The legislature finds that ((it is necessary to regulate the practice of respiratory care at the level of certification)) in order to ((protect the public health and safety)) safeguard life, health, and to promote public welfare, a person practicing or offering to practice respiratory care as a respiratory care practitioner in this state shall be required to submit evidence that he or she is qualified to practice, and shall be licensed as provided. The settings for these services may include, health facilities licensed in this state, clinics, home care, home health agencies, physicians' offices, and public or community health services. Nothing in this chapter shall be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person certified under this chapter. NEW SECTION. Sec. 2. A new section is added to chapter 18.89 RCW to read as follows: After the effective date of this act, it shall be unlawful for a person to practice or to offer to practice as a respiratory care practitioner in this state or to use a title, sign, or device to indicate that such a person is practicing as a respiratory care practitioner unless the person has been duly licensed and registered under the provisions of this chapter. Sec. 3. RCW 18.89.020 and 1994 sp.s. c 9 s 511 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of health. (2) "Secretary" means the secretary of health or the secretary's designee. (3) "Respiratory care practitioner" means an individual ((certified)) licensed under this chapter. (4) "Physician" means an individual licensed under chapter 18.57 or 18.71 RCW. (((5) "Rural hospital" means a hospital located anywhere in the state except the following areas: (a) The entire counties of Snohomish (including Camano Island), King, Kitsap, Pierce, Thurston, Clark, and Spokane; (b) Areas within a twenty-mile radius of an urban area with a population exceeding thirty thousand persons; and (c) Those cities or city-clusters located in rural counties but which for all practical purposes are urban. These areas are Bellingham, Aberdeen-Hoquiam, Longview-Kelso, Wenatchee, Yakima, Sunnyside, Richland-Kennewick-Pasco, and Walla Walla.)) Sec. 4. RCW 18.89.040 and 1994 sp.s. c 9 s 716 are each amended to read as follows: (1) A respiratory care practitioner ((certified)) licensed under this chapter is employed in the treatment, management, diagnostic testing, rehabilitation, and care of patients with deficiencies and abnormalities which affect the cardiopulmonary system and associated aspects of other systems, and is under the direct order and under the qualified medical direction of a physician. The practice of respiratory care includes((, but is not limited to)): (((1))) (a) The use and administration of prescribed medical gases, exclusive of general anesthesia; (((2))) (b) The use of air and oxygen administering apparatus; (((3))) (c) The use of humidification and aerosols; (((4))) (d) The administration, to the extent of training, as determined by the secretary, of prescribed pharmacologic agents related to respiratory care; (((5))) (e) The use of mechanical ((or)) ventilatory, hyperbaric, and physiological ((ventilatory)) support; (((6))) (f) Postural drainage, chest percussion, and vibration; (((7))) (g) Bronchopulmonary hygiene; (((8))) (h) Cardiopulmonary resuscitation as it pertains to ((establishing airways and external cardiac compression)) advanced cardiac life support or pediatric advanced life support guidelines; (((9))) (i) The maintenance of natural and artificial airways and insertion, without cutting tissues, of artificial airways, as ((ordered)) prescribed by ((the attending)) a physician; (((10))) (j) Diagnostic and monitoring techniques such as the collection and measurement of cardiorespiratory specimens, volumes, pressures, and flows; ((and (11) The drawing and analyzing of)) (k) The insertion of devices to draw, analyze, infuse, or monitor pressure in arterial, capillary, ((and mixed)) or venous blood ((specimens)) as ((ordered)) prescribed by ((the attending)) a physician or an advanced registered nurse practitioner as authorized by the nursing care quality assurance commission under chapter 18.79 RCW; and (l) Diagnostic monitoring of and therapeutic interventions for desaturation, ventilatory patterns, and related sleep abnormalities to aid the physician in diagnosis. (2) Nothing in this chapter prohibits or restricts: (a) The practice of a profession by individuals who are licensed under other laws of this state who are performing services within their authorized scope of practice, that may overlap the services provided by respiratory care practitioners; (b) The practice of respiratory care by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed for him or her by the laws and rules of the United States; (c) The practice of respiratory care by a person pursuing a supervised course of study leading to a degree or certificate in respiratory care as a part of an accredited and approved educational program, if the person is designated by a title that clearly indicates his or her status as a student or trainee and limited to the extent of demonstrated proficiency of completed curriculum, and under direct supervision; (d) The use of the title "respiratory care practitioner" by registered nurses authorized under chapter 18.79 RCW; or (e) The practice without compensation of respiratory care of a family member. Nothing in this chapter shall be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person licensed under this chapter. Sec. 5. RCW 18.89.050 and 1994 sp.s. c 9 s 512 are each amended to read as follows: (1) In addition to any other authority provided by law, the secretary may: (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter; (b) Set all ((certification)) license, examination, and renewal fees in accordance with RCW 43.70.250; (c) Establish forms and procedures necessary to administer this chapter; (d) Issue a ((certificate)) license to any applicant who has met the education, training, and examination requirements for ((certification)) licensure; (e) Hire clerical, administrative, and investigative staff as needed to implement this chapter and hire individuals ((certified)) licensed under this chapter to serve as examiners for any practical examinations; (f) Approve those schools from which graduation will be accepted as proof of an applicant's eligibility to take the ((certification)) licensure examination, specifically requiring that applicants must have completed programs with two-year curriculum; (g) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for ((certification)) licensure; (h) Determine whether alternative methods of training are equivalent to formal education and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take the examination; (i) Determine which states have legal credentialing requirements equivalent to those of this state and issue ((certificates)) licenses to individuals legally credentialed in those states without examination; (j) Define and approve any experience requirement for ((certification)) licensure; and (k) Appoint members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060. (2) The provisions of chapter 18.130 RCW shall govern the issuance and denial of ((certificates, uncertified)) licenses, unlicensed practice, and the disciplining of persons ((certified)) licensed under this chapter. The secretary shall be the disciplining authority under this chapter. Sec. 6. RCW 18.89.060 and 1991 c 3 s 229 are each amended to read as follows: The secretary shall keep an official record of all proceedings, a part of which record shall consist of a register of all applicants for ((certification)) licensure under this chapter, with the result of each application. Sec. 7. RCW 18.89.080 and 1994 sp.s. c 9 s 513 are each amended to read as follows: The secretary, ad hoc committee members, or individuals acting on their behalf are immune from suit in any civil action based on any ((certification)) licensure or disciplinary proceedings, or other official acts performed in the course of their duties. Sec. 8. RCW 18.89.090 and 1991 c 3 s 232 are each amended to read as follows: (1) The secretary shall issue a ((certificate)) license to any applicant who demonstrates to the secretary's satisfaction that the following requirements have been met: (((1))) (a) Graduation from a school approved by the secretary or successful completion of alternate training which meets the criteria established by the secretary; (((2))) (b) Successful completion of an examination administered or approved by the secretary; (((3))) (c) Successful completion of any experience requirement established by the secretary; (((4))) (d) Good moral character. In addition, applicants shall be subject to the grounds for denial or issuance of a conditional ((certificate)) license under chapter 18.130 RCW. (2) A person who meets the qualifications to be admitted to the examination for ((certification)) licensure as a respiratory care practitioner may practice as a respiratory care practitioner under the supervision of a respiratory care practitioner ((certified)) licensed under this chapter between the date of filing an application for ((certification)) licensure and the announcement of the results of the next succeeding examination for ((certification)) licensure if that person applies for and takes the first examination for which he or she is eligible. (3) A person certified as a respiratory care practitioner in good standing on the effective date of this act, who applies within one year of the effective date of this act, may be licensed without having completed the two-year curriculum set forth in RCW 18.89.050(1)(f), and without having to retake an examination under subsection (1)(b) of this section. (4) The secretary shall establish by rule what constitutes adequate proof of meeting the criteria. Sec. 9. RCW 18.89.110 and 1996 c 191 s 76 are each amended to read as follows: (1) The date and location of the examination shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for ((certification)) licensure shall be scheduled for the next examination following the filing of the application. However, the applicant shall not be scheduled for any examination taking place sooner than sixty days after the application is filed. (2) The secretary shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently, and shall meet generally accepted standards of fairness and validity for ((certification)) licensure examinations. (3) All examinations shall be conducted by the secretary, and all grading of the examinations shall be under fair and wholly impartial methods. (4) Any applicant who fails to make the required grade in the first examination is entitled to take up to three subsequent examinations, upon compliance with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280 and such remedial education as is deemed necessary. (5) The secretary may approve an examination prepared and administered by a private testing agency or association of credentialing boards for use by an applicant in meeting the ((certification)) licensure requirement. Sec. 10. RCW 18.89.120 and 1996 c 191 s 77 are each amended to read as follows: Applications for ((certification)) licensure shall be submitted on forms provided by the secretary. The secretary may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for ((certification)) licensure provided in this chapter and chapter 18.130 RCW. All applicants shall comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280. Sec. 11. RCW 18.89.140 and 1996 c 191 s 78 are each amended to read as follows: ((Certificates)) Licenses shall be renewed according to administrative procedures, administrative requirements, continuing education requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280. NEW SECTION. Sec. 12. A new section is added to chapter 18.89 RCW to read as follows: An applicant holding a license in another state may be licensed to practice in this state without examination if the secretary determines that the other state's licensing standards are substantially equivalent to the standards in this state. Sec. 13. RCW 18.120.020 and 1996 c 178 s 9 are each amended to read as follows: The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise. (1) "Applicant group" includes any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession. (2) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed health professional tasks. (3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks. (4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations: Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW; dispensing opticians under chapter 18.34 RCW; hearing ((aids)) instruments under chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.79 RCW; occupational therapists licensed under chapter 18.59 RCW; respiratory care practitioners ((certified)) licensed under chapter 18.89 RCW; veterinarians and animal technicians under chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW; acupuncturists licensed under chapter 18.06 RCW; persons registered or certified under chapter 18.19 RCW; dietitians and nutritionists certified by chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW; and nursing assistants registered or certified under chapter 18.88A RCW. (5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare. (6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate health professions not previously regulated. (7) "License," "licensing," and "licensure" mean permission to engage in a health profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed health professional tasks and for the use of a particular title. (8) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations. (9) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified health profession. (10) "Public member" means an individual who is not, and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated. (11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided. (12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. (13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency. Sec. 14. RCW 18.130.040 and 1996 c 200 s 32 and 1996 c 81 s 5 are each reenacted and amended to read as follows: (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section. (2)(a) The secretary has authority under this chapter in relation to the following professions: (i) Dispensing opticians licensed under chapter 18.34 RCW; (ii) Naturopaths licensed under chapter 18.36A RCW; (iii) Midwives licensed under chapter 18.50 RCW; (iv) Ocularists licensed under chapter 18.55 RCW; (v) Massage operators and businesses licensed under chapter 18.108 RCW; (vi) Dental hygienists licensed under chapter 18.29 RCW; (vii) Acupuncturists licensed under chapter 18.06 RCW; (viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW; (ix) Respiratory care practitioners ((certified)) licensed under chapter 18.89 RCW; (x) Persons registered or certified under chapter 18.19 RCW; (xi) Persons registered as nursing pool operators under chapter 18.52C RCW; (xii) Nursing assistants registered or certified under chapter 18.79 RCW; (xiii) Health care assistants certified under chapter 18.135 RCW; (xiv) Dietitians and nutritionists certified under chapter 18.138 RCW; (xv) Sex offender treatment providers certified under chapter 18.155 RCW; (xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205; (xvii) Persons registered as adult family home providers and resident managers under RCW 18.48.020; and (xviii) Denturists licensed under chapter 18.30 RCW. (b) The boards and commissions having authority under this chapter are as follows: (i) The podiatric medical board as established in chapter 18.22 RCW; (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW; (iii) The dental quality assurance commission as established in chapter 18.32 RCW; (iv) The board of hearing and speech as established in chapter 18.35 RCW; (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW; (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW; (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW; (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW; (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW; (x) The board of physical therapy as established in chapter 18.74 RCW; (xi) The board of occupational therapy practice as established in chapter 18.59 RCW; (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter; (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and (xiv) The veterinary board of governors as established in chapter 18.92 RCW. (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority. (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section. NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed: (1) RCW 18.89.130 and 1991 c 3 s 236 & 1987 c 415 s 14; and (2) RCW 18.89.900 and 1987 c 415 s 20. NEW SECTION. Sec. 16. (1) Sections 5, 9, and 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1997. (2) Sections 1 through 4, 6 through 8, and 11 through 15 of this act take effect July 1, 1998." On motion of Senator Deccio, the following title amendment was adopted:
On page 1, line 1 of the title, after "care;" strike the remainder of the title and insert "amending RCW 18.89.010, 18.89.020, 18.89.040, 18.89.050, 18.89.060, 18.89.080, 18.89.090, 18.89.110, 18.89.120, 18.89.140, and 18.120.020; reenacting and amending RCW 18.130.040; adding new sections to chapter 18.89 RCW; repealing RCW 18.89.130 and 18.89.900; providing effective dates; and declaring an emergency."
MOTION
On motion of Senator Deccio, the rules were suspended, Substitute House Bill No. 1536, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1536, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1536, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Benton and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1536, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1585, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Huff, L. Thomas, Clements, H. Sommers, Wolfe and Carlson) (by request of State Investment Board)
Authorizing the state investment board to delegate certain powers and duties.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 1585 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1585.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1585 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Benton and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1585, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act
. SECOND READING
HOUSE BILL NO. 1589, by Representatives Robertson, Costa, Radcliff, Cody, Scott, Cole, Skinner, Lantz, Constantine, Delvin, K. Schmidt, Murray, Hankins, Blalock, Hatfield, Wensman, O'Brien, Linville, Cooke, Ogden, Sheldon, Kessler and Kenney
Allowing a crime victim to have an advocate present at any judicial proceeding.
The bill was read the second time.
MOTIONS
On motion of Senator Roach, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 7.69.030 and 1993 c 350 s 6 are each amended to read as follows: There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights: (1) With respect to victims of violent or sex crimes, to receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights of crime victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county; (2) To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved; (3) To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court; (4) To receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available; (5) To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled; (6) To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants; (7) To have any stolen or other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as evidence. When feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being taken; (8) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearance; (9) To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance; (10) With respect to victims of violent and sex crimes, to have a crime victim advocate from a crime victim/witness program present at any prosecutorial or defense interviews with the victim, and at any judicial proceedings related to criminal acts committed against the victim. This subsection applies if practical and if the presence of the crime victim advocate does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the crime victim; (11) With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified; (12) With respect to victims and survivors of victims, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing for felony convictions upon request by a victim or survivor; (13) To submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution; (14) With respect to victims and survivors of victims, to present a statement personally or by representation, at the sentencing hearing for felony convictions; and (15) With respect to victims and survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment." On motion of Senator Roach, the following title amendment was adopted:
On page 1, line 1 of the title, after "rights;" strike the remainder of the title and insert "and amending RCW 7.69.030."
MOTION
On motion of Senator Roach, the rules were suspended, House Bill No. 1589, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Hale, Senator Deccio was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1589, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1589, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Benton, Deccio and Schow - 3. HOUSE BILL NO. 1589, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2074, by Representatives Alexander, Wolfe and Gardner
Making changes to the internal operations of counties.
The bill was read the second time.
MOTION
Senator McCaslin moved that the following Committee on Government Operations amendment be adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 2.08.100 and 1939 c 189 s 1 are each amended to read as follows: The county auditor of each county shall ((draw his warrant on the treasurer of such county on the first Monday of each month for the amount of salary due for the previous month from such county to the judge of the superior court thereof, and said warrant shall be paid by said treasurer out of the salary fund of said county: PROVIDED, That no such warrant shall be issued until the judge who is to receive the same shall have made an affidavit, in the manner provided by law, that no cause in his court remains pending and undecided contrary to the provisions of RCW 2.08.240 and of section 20, Article 4, Constitution of the state of Washington)) pay superior court judges in the same means and manner provided for all other elected officials. Sec. 2. RCW 36.40.200 and 1963 c 4 s 36.40.200 are each amended to read as follows: All appropriations shall lapse at the end of the fiscal year: PROVIDED, That the appropriation accounts ((shall)) may remain open for a period of thirty days, and may, at the auditor's discretion, remain open for a period not to exceed sixty days thereafter for the payment of claims incurred against such appropriations prior to the close of the fiscal year. After such period has expired all appropriations shall become null and void and any claim presented thereafter against any such appropriation shall be provided for in the next ensuing budget: PROVIDED, That this shall not prevent payments upon uncompleted improvements in progress at the close of the fiscal year. Sec. 3. RCW 36.40.250 and 1995 c 193 s 1 are each amended to read as follows: In lieu of adopting an annual budget, the county legislative authority of any county may adopt an ordinance or a resolution providing for biennial budgets with a mid-biennium review and modification for the second year of the biennium. The county legislative authority may repeal such an ordinance or resolution and revert to adopting annual budgets for a period commencing after the end of a biennial budget cycle. The county legislative authority of a county with a biennial budget cycle may adopt supplemental and emergency budgets in the same manner and subject to the same conditions as the county legislative authority in a county with an annual budget cycle. The procedure and steps for adopting a biennial budget shall conform with the procedure and steps for adopting an annual budget and with requirements established by the state auditor. The state auditor shall establish requirements for preparing and adopting the mid-biennium review and modification for the second year of the biennium. Expenditures included in the biennial budget, mid-term modification budget, supplemental budget, or emergency budget shall constitute the appropriations for the county during the applicable period of the budget and every county official shall be limited in making expenditures or incurring liabilities to the amount of the detailed appropriation item or classes in the budget. In lieu of adopting an annual budget or a biennial budget with a mid-biennium review for all funds, the legislative authority of any county may adopt an ordinance or a resolution providing for a biennial budget or budgets for any one or more funds of the county, with a mid-biennium review and modification for the second year of the biennium, with the other funds remaining on an annual budget. The county legislative authority may repeal such an ordinance or resolution and revert to adopting annual budgets for a period commencing after the end of the biennial budget or biennial budgets for the specific agency fund or funds. The county legislative authority of a county with a biennial budget cycle may adopt supplemental and emergency budgets in the same manner and subject to the same conditions as the county legislative authority in a county with an annual budget cycle. The county legislative authority shall hold a public hearing on the proposed county property taxes and proposed road district property taxes prior to imposing the property tax levies. NEW SECTION. Sec. 4. A new section is added to chapter 36.40 RCW to read as follows: In addition to the supplemental appropriations provided in RCW 36.40.100 and 36.40.140, the county legislative authority may provide by ordinance or resolution a policy for supplemental appropriations as a result of unanticipated funds from local, state, or federal revenue sources. NEW SECTION. Sec. 5. RCW 36.40.110 and 1963 c 4 s 36.40.110 are each repealed."
MOTION
Senator West moved that the following amendment by Senators West, McCaslin and Bauer to the Committee on Government Operations amendment be adopted:
On page 3, after line 7 of the amendment, insert the following: "Sec. 5. RCW 13.04.035 and 1996 c 284 s 1 are each amended to read as follows: Juvenile court shall be administered by the superior court, except that by local court rule and agreement with the legislative authority of the county this service may be administered by the legislative authority of the county. Juvenile probation counselor and detention services shall be administered by the superior court, except that (1) by local court rule and agreement with the county legislative authority, these services may be administered by the county legislative authority; (2) if a consortium of three or more counties, located east of the Cascade mountains and whose combined population exceeds five hundred thirty thousand, jointly operates a juvenile correctional facility, the county legislative authorities may prescribe for alternative administration of the juvenile correctional facility by ordinance; ((and)) (3) in any county with a population of one million or more, probation and detention services shall be administered in accordance with chapter 13.20 RCW; and (4) in any county with a population of at least three hundred fifty thousand but less than five hundred thousand, the county legislative authority may prescribe for alternative administration of these services by ordinance. The administrative body shall appoint an administrator of juvenile court, probation counselor, and detention services who shall be responsible for day-to-day administration of such services, and who may also serve in the capacity of a probation counselor. One person may, pursuant to the agreement of more than one administrative body, serve as administrator of more than one juvenile court." Renumber the remaining section consecutively.POINT OF ORDER
Senator Fairley: “A point of order, Mr. President. I raise the point of order that this amendment changes the scope and object of House Bill No. 2074. The underlying house bill addresses county financial practices in general--how to issue pay checks, appropriations, county budgets and so on. This amendment does not address the county financial practices, but rather changes provisions relating to the administration of the county's juvenile court and probation and detention services. It expands across the counties in which the legislative authority may provide for alternative administration of those services. Accordingly, I believe this amendment to the committee amendment changes the scope and object of the underlying bill.”
Further debate ensued.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Fairley, the President finds that House Bill No. 2074 is a measure which relates to several procedural matters concerning the internal operation of county government including the following: (1) Providing that superior court judges be paid in the same manner as other elected officials; (2) providing that a county's appropriation account may remain open to pay claims incurred prior to the close of the fiscal year; and (3) providing that a county may adopt a resolution instead of an ordinance to deal with budget concerns.
“The amendment by Senators West, McCaslin and Bauer on page 3, after line 7 to the Committee on Government Operations striking amendment would make a substantive change to county operations, namely, the amendment would provide that a county between 350,000 and 500,000 population may prescribe that juvenile probation and detention services may be administered by other than the county's superior court.
“The President, therefore, finds that the proposed amendment to the committee striking amendment does change the scope and object of the bill and the point of order is well taken.”
The amendment by Senators West, McCaslin and Bauer on page 3, after line 7, to the Committee on Government Operations striking amendment to House Bill No. 2074 was ruled out of order.
MOTION
On motion of Senator Johnson, further consideration of House Bill No. 2074 was deferred.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGES FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2272, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1997
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 2240,
SUBSTITUTE HOUSE BILL NO. 2248, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1997
MR. PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 5290,
SENATE BILL NO. 5603,
SUBSTITUTE SENATE BILL NO. 5621,
SENATE BILL NO. 5626,
SENATE BILL NO. 5642,
SUBSTITUTE SENATE BILL NO. 5653,
ENGROSSED SENATE BILL NO. 5657, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1997
MR. PRESIDENT:
The Speaker has signed:
HOUSE BILL NO. 1942,
HOUSE BILL NO. 2143, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5290,
SENATE BILL NO. 5603,
SUBSTITUTE SENATE BILL NO. 5621,
SENATE BILL NO. 5626,
SENATE BILL NO. 5642,
SUBSTITUTE SENATE BILL NO. 5653,
ENGROSSED SENATE BILL NO. 5657.
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1942,
HOUSE BILL NO. 2143.
There being no objection, the President advanced the Senate to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 2240 by House Committee on Appropriations (originally sponsored by Representatives Huff, Linville, Wolfe and Poulsen) (by request of Governor Locke)
Creating the savings incentive account.
Referred to Committee on Ways and Means.
SHB 2248 by House Committee on Appropriations (originally sponsored by Representatives Huff and Cody) (by request of Health Care Authority)
Eliminating basic health plan agents' and brokers' commissions.
Referred to Committee on Ways and Means.
ESHB 2272 by House Committee on Appropriations (originally sponsored by Representatives Huff, Clements, Alexander, Wensman, Sehlin and Mitchell)
Transferring enforcement of cigarette and tobacco taxes to the liquor control board.
HOLD.
MOTION
On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 2272 was advanced to second reading and placed on the second reading calendar.
MOTION
At 7:34 p.m., on motion of Senator Johnson, the Senate adjourned until 9:00 a.m., Friday, April 11, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate